A Journal of the proceedings of the Assembly of the State of Florida, at its ... session

/

ASSEMBLY JOURNAL.

A JOURNAL

OF THE

PIiOCUEEINGS OF THE ASSEMBLY

OF THE

STATE OF FLORIDA,

AT AXN

EXTRAORDINARY SESSION

Begun and Held in the Capitol, In the City of Tallahawee, on
Monday, May 23, 1870.

MARCELLUS L. STEARNS (or GADSDEN), SPEAKER.
Dn. WM. FORSYTH BYNUM (OF SUWAmNEE), CLERK.

TALLAHASSEE:
C H ARLES H. WALTON, STATE I 1PRI NT ER.
1870.

I

^ f1

JOURNAL

Of the Assembly of the State of Florida, at an Extraordinary
Session of the -Legislature, convened by the following Proc-
lamation of his Excellency, the Governor, begun and held at
the Capitol, in the city of Tallahassee, in the ./1,, t T'lorida,
on Monday, the 23d day of Mfay, A. -D. 1870.

WVIHEEAS, The regular session of the Legislature which met
on the 4th day of January last, failed to make adequate pro-
vision for the maintenance of the county governments, the
school system, and the State credit and honor; AD WIIEnE-
AS, Doubt exists as to the validity of several acts passed at
that session, deemed essential to the interests of the people
and the State, arising from irregularities in the proceedings;
Now, Therefore, I, Harrison Reed, Governor of the State of
Florida, by virtue of the authority vested in me, and the duty
imposed upon me by the Constitution and laws, do hereby con-
vene the Legislature in Extraordinary Session, at the Capitol,
in Tallahassee, on Monday, the 23d day of May instant, at 12
o'clock, Meridian, for the purpose of providing such laws as may
be deemed necessary to meet the exigencies above named, and
to the proper administration of the government, to be presen-
ted to the Legislature in accordance with the provisions of this
Constitution.
In witness whereof, I have hereunto set my hand and
[T,. s.] caused the great seal of the State to be affixed, at Tal-
lahassee, the Capital, this 14th day of May, A. D. 1870.
HAu.nISON REED, Governor.
By the Governor-Attest:
J. C. Gmns, Secretary of State.

The Assembly was called to order at 12 o'clock, M. by the
Hon. Marcellus L. Stearns, Speaker.
Upon a call of the roll by Dr. Wnm. Forsyth Bynum, Chief
Clerk, the following members were present:
Mr. Speaker, Messrs. Bogue, Bradwell, Cox, Fortune, Graham,
Harris, Hodges, Lee, McMillin, Moore of Columbia, Moore of
Hillsborough, Osgood, Pons, Rancy, Rodgers, Scott, Urquhart,
Walker, and Wells-20.
Not a quorum present.

On motion of Mr. Raney, of Franklin, the Assembly adjourn-
ed until ten o'clock, to-morrow morning.

TUESDAY, May 24, I870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Butler, Bogue, Bradwell, Cox, DeLany,
Erwin, Fortune, Graham, Harmon, Harris, Hodges, Lee, Mc-
Kinnon, 3I.-Millii, Mills, Oliver, Osgood, Pitman, Pons, Raney,
Robinson, ..._er-. Sceott, Thompson, Urqiilirt, Walker, and
Wells-28.
A quorum present.
Prayer by Rev. G. W. Su .., i, chaplain.
Yesterday's journal was read and approved.
The roll of officers being called, the following were present:
Hon. Marcellus Lowell St,..irn-, Speaker; Wim. F. Bynum,
Chief Clerk; John W. Tompkins, First Assistant; M. II. Clay,
Reading Clerk; ,T. M. Hawks, Engrossing Clerk; T. L. Lewis,
Enrolling Clerk; A. J. T. Wright, Recording Clerk; A. C.
Lightbourne, Sergeant-at-Arms; John Wyatt, Door-Keeper;
W. G. Stewart, <'i:ipl;i ; Philip DeCoursey, Page; Henry
Cox, Page.
On motion of Mr. Butler, of Santa Rosa, the Assembly took
a recess until 12 ir., to-day.

TWELVE O'CLOCK, iM.

The Assembly resumed its session.
The following members were present, viz.:
Mr. Speaker, Messrs. Butler, Bogue, Bradwell, Cox, DeLany,
Erwin, Fortune, Graham, Harris, Hill, Hodges, Lee, McKinnon,
McMillin, Mills, Moore of Columbia, Moore of Hillsborougl,
Oliver, Osgood, Pitman, Raney, Robinson, Rodgers, Scott,
Thompson, Urquhart, Walker, and Wells- o.
A quorum.
On motion of 31r. Scott, a committee, consisting of M1essrs.
Scott, Raney, and Walker, was appointed [to wait upon the
Senate and inform them that the Assembly was organized and
ready for the transaction of business.
After a brief absence, the committee reported, and was dis-
charged.
On motion, the Assembly took a recess until 4 o'clock, e. iM.

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Messrs. Bogue, Bradwell, Cox, DeLany, Graham, Harmon,
Lee, McKinnon, Mills, Oliver, Pitman, Pons, Raney, Robinson,
Rodgers, Scott, Thompson, Urquhart, Walker, and Wells-20.
Not a quorum present.
On motion of Mr. Scott, the Assembly adjourned until to-
morrow morning, 10 o'clock.

WEDNESDAY, May 25, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Messrs. Bogue, Bradwell, Cox, DeLany, Erwin, Fortune, Gra-
ham, Harmon, Harris, Hodges, McKinnon, McMillin, Osgood,
Pons, Raney, Robinson, Scott, Thompson, Urquhart, and Walk-
er-20.
Not a quorum present.
On motion of Mr. Harmon, of Alachua, the Assembly took a
recess until 4 o'clock, this afternoon.

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The roll was called, and the following members answered to
other names:
Messrs. Bogue, Bradwell, DeLany, Edwards, Fortune, Gra-
ham, Harris, Hodges, Lee, McMillin, Mills, Osgood, Pons, Rob-
inson, Scott, Thompson, Urquhart, and Walker--18.
Not a quorum present.
On motion of Mr. Fortune, the Assembly took a recess until
half-past 4 o'clock.

HALF-PAST FOUR O'CLOCK, P. M.

The Assembly resumed its session.
Not a quorum present.
On motion of Mr. Lee, of Sumter, the Assembly adjourned
until to-morrow morning, 10 o'clock.

THURSDAY, May 26, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Bradwell, Black, Cruce, DeLany, Erwin,
Fortune, Graham, Harmon, Harris, Hodges, Lee, McKinnon,
McMillin, Moore of Hillsborough, Oliver, Osgood, Pitman, Ra-
ney, Robinson, Thompson, Urquhart, and Walker-23.
Not a quorum present.
On motion of Mr. Raney, the Assembly took a recess until 11
o'clock, A. M.

ELEVEN O'CLOCK, A. M.

The Assembly resumed its session.
Not a quorum present.
On motion of Mr. Raney, took a recess until 3 o'clock this
afternoon.

THREE O'CLOCK, P. M.

The Assembly resumed its session.
Not a quorum present.
On motion of Mr. Walker, took a recess until half-past 4
o'clock.

IIALF-PAST FOUR O'CLOCK, P. A].

The Assembly resumed its session.
The roll being called, the following members answered to their
names:
Yeas-Mr. Speaker, Messrs. Bogue, Bradwell, Cox, DeLany,
Erwin, Fortune, Graham, Harris, Hill, Hodges, Lee, McKinnon,
McMillin, Mills, Moore of Columbia, Oliver, Osgood, Pitman,
Pons, Raney, Robinson, Rodgers, Scott, Thompson, Urquhart,
Walker, and Wells-28.
A quorum present.
The journal of Tuesday, 24th, and yesterday, read and approv-
ed.
A committee from the Senate appeared at the bar and inform-
ed the Assembly that the Senate was organized and ready to
transact business.

The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, Fla., May 26, 1870.
Hon. NM. L. STEARNS, Speaker of the Assembly:
Sin: I am directed by the Senate to inform the Assembly
that the Senate has adopted the following resolution:
CONCURRENT RESOLUTION.
Resolved, That a committee of five be appointed, two on the
part of the Senate and three on the part of the Assembly, to in-
form his Excellency the Governor that the Legislature is now
organized and ready to receive any communication that he may
be pleased to make;
And appointed Messrs. Smithson and Walls committee from
the Senate.
Very respectfully,
CIIAs. MUNDEE, Sec'y.
Which was read.
The resolution was read and adopted.
The Speaker appointed the following said committee:
Messrs. Walker of Leon, McKinnon of Walton, and Osgood
of Madison, who after a brief absence reported that the Gov-
ernor would send a message to each House, and were dis-
charged.
On motion of Mr. Wells, of Leon, the Sergeant-at-arms was
authorized to purchase ice for the use of the Assembly.
The following message was received from his Excellency the
Governor:
EXECUTIVE OFFICE,
TALLAIIASSEE, May 23, 1870.
To THE LEGISLATURE :
Gentlemen-You have been summoned to meet in Extraordi-
nary Session, under a necessity imposed by the financial condi-
tion of the State, induced by circumstances beyond the control
of the Executive.
At the time of fixing the adjournment of the late regular ses-
sion, you had charged me with the. responsibility of redeeming
ani disposing of certain bonds of the State, which had been hy-
pothecated for an inconsiderable portion of their real value, and
which were in danger of being sacrificed.
You passed amendments to the revenue law so as more effect-
ively to equalize the State tax and bring into requisition a large
amount of taxable property now yielding no revenue; thus re-

living the industrial interests of burdens which they had hith-
erto exclusively borne; also, removing the restriction upon the
counties against raising revenue sufficient for their necessary ex-
penses;
You passed a bill, nearly unanimously, in the Senate, and two-
thirds of the Assembly attested their approval, requiring for-
eign corporations doing business in this State to invest a portion
of their capital in bond; of Florida as security to our citizens
against fraud.;
You passed a bill instructing the Governor to dr:m and in-
vest the proceeds of the Agricultural College land scrip, due the
State of Florida, in accordance with the act of Congress:
Which several acts were deemed necessary to the appre.i:ltion
of the State credit and the sale of our bonds.
The first and most important of these measures was lst by
non-enrollment before the hour of adjournment;
The second was defeated by the strategy which a t'hetioul mii-
nority frequently find eflbetive during the last hours of a sossi n;
The third came to me properly attested by the officers of both
Houses, was approved, and became a law so far as all the tormi-
are concerned; and this formedd the only available resource ti-om
which to realized funds to redeem the bonds then forfeited and lto
be forfeited within ten days.
With this single reliance, I proceeded to execute the trust
confided to me to save the State credit from further disaster. I
filed a copy of the law with the Secretary of the Interior, with
a request for immediate action, and proceeded to New York and
negotiated a conditional sale of the scrip for a sum sufficient to
enable me to redeem :1; of the ti( bonds under hypothecation.
This would have enabled me to deposit 8100,000 in bonds in the
Agricultural College fund, and given me 216 bonds upon which
to raise monev to redeem the other ,-100,000 under hypotheca-
tion, and to secure means to provide for the exigencies created by
the Legislature.
On my return to Washington, to realize the scrip, I was ad-
vised that allegations of fraud and forgery had been filed in the
department by an officer of my cabinet, then in attendance there,
and that in consequence the Secretary of the Interior declined
to issue the scrip to which the State was entitled.

This deprived me of my last resource, and there was left no
alternative but to procure an extension of the loans already con-
tracted, and attempt, by a gradual appreciation of the State
credit, to create a market for our bonds within the limit fixed
by law. With proper co-operation among the officers of the
government, and temporary forbearance on the part of the peo-
ple and the press, the "t:;ii might have been carried through
to the next regular session of the Legislature without serious
disaster, but with great inconvenience. In order to refute the
calumnnies which had been set afloat by enemies of the State, in
regard to the State finances, I caused the accompanying state-
ment to be made public through the New York and Washing-
ton papers. (See appendix A.)
As the case now stands, the counties are paralyzed under the
prohibition of sufficient revenue for current expenses, the holders
of State Warrants are unjustly suffering, and State credit is un-
necessarily depressed. This, in my judgment, fully justifies the
convening of the representatives of the people in extraordinary
session.
In addition to this, the law authorizing a tax for schools has
been repealed, and the tax, if levied at all, must be under pro-
vision of the Constitution. Thus doubt and confusion has arisen
to that degree that additional legislation seems necessary to
save our school system from paralysis.
I recommend these several measures to your earnest at-
tention.
In connection with the finances, I beg leave to suggest the
propriety of funding the entire outstanding debt in one class of
gold-bearing seven per cent. bonds. There are now five classes
of outstanding State securities, (and a sixth provided for,) while
the ;,gr '..- amount does not exceed $1,000,000.
Thus: Seven per cent. bonds, 1857, $220,000; eight per cent.
Convention bonds, $30,000 ; six per cent. bonds, 1868, $300,000;
six per cent. bonds, 1869, $200,000; Comptroller's warrants and
Treasurer's certificates, say $200,000.
To fund these in a'uniform bond would require as follows :
220 7 per cent. bonds, 1857............... 8220,000
Unpaid interest on same, say............. 100,000
71 bonds sold, 6 per cent., 1868........... 71,000-$391,000

10

Due on hypothecated bonds ............. 8120,000
8 per cent. Convention bonds, and interest, 3.4,000
Comptroller's warrants and Treasurer's
certificates, say...................... 200,000

Floating debt to be redeemed in cash..... $354,000 )
Requiring in bonds at 75 cents.................. ( 472,000

Aggregate ................................. $863,000
An issue of $1,000,000, in gold bearing bonds, and none
other can now find a market, will fund all our outstanding
bonded and floating debt, and leave cash enough in the Treas-
ury to pay the expenses of the government for the current year,
leaving the revenue from taxation the present year to meet
the expenses of the next.
At the late session you adopted the policy now common to
nearly all the States, of affording State aid to works of Internal
Improvement. To a certain extent this is proper and necessary
to the prosperity of the State. But the complaint has been
made, and perhaps justly, that this has been carried too far, and
that many of the acts are extravagant in their provisions, and
not sufficiently guarded to protect the State against future ca-
lamity. A revision or repeal of such acts is worthy of consid-
eration.
I have favored a reasonable system of legislative aid to lines
of railroad from our Atlantic ports west to Pensacola, and
south to Tampa, Charlotte Harbor, and Key West. In
my judgment, State aid should be extended no farther, and
I recommend the passage of a law prohibiting any further issue
or endorsement of bonds for Internal Improvements, beyond
these two trunk lines, which will give us all necessary facilities
for the rapid and profitable development of the State without
hazard to our financial character, and without burden to the
people.
I again respectfully suggest the change from a military gov-
ment to a civil government in control of the Penitentiary,
and ask your attention to the bill reported for that purpose at
the last session. I also renew my suggestions in regard to tho
State Capitol, and recommend the passage of the bill adopted
by the Senate at the late session.

11

Near the close of the regular session, proceedings were had
which operated to suspend the judge of the Sixth Judicial Cir-
cuit from the exercise of the functions of his office, and by this
means the circuit is deprived of the necessary facilities for the
administration of the laws. If it were possible, it seems very
desirable that this case should be taken up and disposed of at
this session.
In all things I trust you will have in view the highest inter-
ests of the State, regardless of personal, local, or partisan con-
siderations, and in all measures calculated to advance the pros-
perity of the people, you will meet my hearty co-operation.
Very respectfully, &c.,
HAIEIrSO REED, Governor.

A:PPENT:DIXT A._'
On January 1, 1870, the State of Florida had an outstanding
bonded and floating debt of but $708,711.12. This includes the
bonded debt prior to the war, the interest on the debt during
and since the war, the expenses of two Constitutional Conven
tions held since the surrender, and all unpaid claims against the
Government. Of this amount the Indian Trust Fund at Wash-
ington holds $205,360, and the remainder is held principally
within the State. In addition to this, thereis due from the gen-
eral fund to the School, Seminary, and Internal Improvement
Funds of the State, $303,045.08 for moneys absorbed during the
Rebellion and since. We will suppose all this debt funded in 7
per cent. bonds, and we have-
Due to State creditors........................ 8708,711 12
Due State Trust Funds ....................... 303,045 08

Total.................................. 1,011,756 20
The interest on this debt would be............. .7,,,-' 23
The new Constitution requires that an annual tax sufficient to
defray the current expenses of the Government, and pay the in-
terest upon the public debt, shall be levied. Before the war the
assessed value of property, including slaves, was according to
my recollection about 8110,000,000. Under the old law the
property-owner valued his own property, and after the war the
people generally returned their real estate at less than a quarter
of its value, and hundreds of thousands of acres of lands held
by foreigners and non-residents was not returned at all, so that
the aggregate valuation was only about 825,000,000. Under
the new Constitution and laws, all the property is required to be

assessed by sworn Assessors, appointed by the Governor and
Senate, and not subject to the caprice of unwilling tax-payers.
Under a proper assessment, such as will now be made, it is
safe to place the valuation at $50,000,000. The law specifies
that one-half of one per cent. shall be levied as a State tax. This
will yield .-:a'.1d,1II, in addition to the revenue from specific
taxes for polls, licenses, &c., which will amount to from 830,000
to 850,000 more. This will alford ample revenue, without any
increase of the rate of taxation, to defray Ihe current expenses
of the Government, pay the annual interest, and allow a liberal
amount to the I.ikL._. fund for the ultimate payment of the
State debt.
T have shown that the immediate resources of the State arc
sufficient to meet all its obligations. In addition to this, we
have 400 miles of railroad in operation, which, under existing
laws, pays no tax; 1,000 miles of telegraph p.'\ iin no revenue;
oyster-beds and fisheries along 1,000 miles of coast, and equal
to the best in the world, yielding no State revenue; foreign cor-
porations doing business in the State, insurance companies,
steamship companies, &e., pay no tribute. When these and
other resources, now latent, are brought into requisition, as in
other States, the State can carry ten times her present public
debt without additional burden to the people in the rate of tax-
ation. About $150,000 of our floating debt is receivable for
public lands, of which the r--i I has about elh'rv ,mioni' s of
acres already, and when the public surveys are completed will
be entitled under existing laws to receive over fiv ,c .."' .
more. In addition to this, the State of Florida has a valid oIn-
liquidated claim :i.iinf the Federal Governmnent fi'r expendli-
tures in the Seminole war of *100,000 or k200,000.
The railroad policy is the same as that of the States of Geor-
gia and Alabama. To complete her system, as I.r. ..i ti -'. it will
require about 400 miles more of road, and the Legislature, ;at its
late session, authorized, by a nearly unanimous vote, lie lo:ning
the State credit in aid of the railroad companies to the amount
variously of $8,000, $14,000, and 81G,000 per mile, to Ie issued
as the works are completed, in sections of 20 miles, upon sw,;irhirg
their .'.''. ;/. '' mo rt6qaO e lie)s ... .. i .,,,. /1/., payment by
the Company qf principal an(l interest. In no case is aid prom-
ised in advance of the. work, and the falsehoods which have
been so widely circulated of loose legislation and lavish issue of
bonds have no further basis than the malice and vindictive
hatred of disappointed corruptionists, who have in vain sought
to fasten themselves upon the financial and railroad systems of
Florida for purposes of personal aggrandizement at the expense
of the State. Having tailed to rule, they seek now to rlin tih
credit of the :i,-.

Under the new system of Government, Florida is entering a
career of prosperity hitherto unknown in her history. Her slave
population, as freemen and citizens, are worth four-fold more to
the State in enhancing its wealth and prosperity than as slaves.
JImmigration and capital from the North are rapidly developing
the resources of the eastern portion of the State, while the opening
of the railroad to Pensacola from the North, is commanding for
that beautiful city unparalleled prosperity. No State in the
South has less obstacles to overcome than Florida, and there is
no substantial reason why her bonds should not be as valuable
as those of South Carolina, Georgia, and Alabama.
"TVhich was read.
On motion of Mr. McKinnoi, ;00c copies were ordered to be
printed for the use of the Assembly.
The following message was received from the Senate:
Si, XATE CIIAMIBE:,
May 20, 1870. i
Hon. M3. L. STEARNS, Speaker of the Assembly:
Sin: I am directed by the Senate to inform your honorable
body that Hon. Geo. E. Wentworth was duly elected as Presi-
dent pro tern. of the Senate. Very respectfully,
CHAS. MUNDEE, ScO'y.
Mr. Wells offered the following resolution:
Resolved, That the ladies of the A. M. E. Church be allowed
the use of the Assembly Hall this evening, and to-morrow even-
ing, at 7 o'clock, p. Mr., for the benefit of the Sunday School.
Which was read.
Mr. Thompson moved to indefinitely postpone;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, Bradwcll, Black, Harris, Hill, Hodges,
Lee, Mills, Robinson, Rodgers, and Thompson-11.
Nays-M-essrs. Cox, DeLany, Erwin, Fortune, Graham,
McKinnon, McMillin, Moore of Columbia, Moore of Hills-
borough, Osgood, Pitman, Pons, Rancy, Scott, Vrquhart, Wal-
ker, and Wells-17.
Motion to indefinitely postpone was lost.
On thie adoption of the resolution the vote was :
Yeas-Messrs. Cox, DeLany, Erwin, Fortune, Graham, Hill,
McKinnon, Moore of Columbia, Osgood, Pons, Robinson, Scott,
Walker, and Wells-14.
Nays-Messrs. Bogue, Bradwell, Black, Harris, Hodges, Lee,
McMillin, Mills, Moore of IHillsborough, Oliver, Pitman, Raney,
Rodgcrs, Thompson, and Urquhart-15.

The Assembly retfsed to adopt the resolution.
Mr. Rancy, of Franklin, offered the following resolution :
Resolved by the Assembly, That so much of the Governor's
message as relates to the funding of the State debt, and to tax-
ation, be referred to a special committee on Finance, to consist
of five members; and so much as relates to schools to a select
committee on schools ; and so much as relates to the Penitenti-
ary to a select committee on the Penitentiary, of the same num-
ber of members. That the committees be appointed by the
Speaker.
Which was read and adopted,
And the Speaker made the following appointments :

COMMITTEE ON EDUCATION.
Mi:. MOORE, of Columbia, Chairman,
Messrs. OSGOOD, HILL,
OLIVER, McKINNON.

COMMITTEE ON FINANCE AND TAXATION.
Mu. HARRIS, Chairman,
Messrs. RANEY, THOMPSON,
WALKER, MOORE of Hillsborough.
COMMITTEE ON PENITENTIARY.
Mn. HAlRMON, Chairman,
Messrs. RANEY, BRADWELL,
SCOTT, RODGERS.

Mr. McKinnon, of Walton, ofl'red the following bill:
A bill to be entitled An Act to authorize Circuit Judges to
have summoned Juries in certain Contingencies;
Which was received by unanimous consent.
Read first time, and referred to Judiciary Committee.
On motion, the Assembly adjourned until to-morrow morning
at 10 o'clock.

FRIDAY, May 27, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :

15

Mr. Speaker, Messrs. Butler, Bogue, Bradwell, Cox, Cruce,
DeLany, Erwin, Fortune, Graham, Harmon, Harris, Hill,
Hodges, Lee, McKinnon, MeMillin, Mills, Moore of Columbia,
Moore of Hillsborough, Oliver, Osgood, Pitman, Pons, Raney,
Robinson, Rodgers, Scott, Simpson, Smith, Thompson, Urqu-
hart, Walker, and Wells-34.
A quorum present.
Prayer by the Chaplain.
Yesterday's journal was read, corrected, and approved.
Mr. Butler offered a Concurrent Resolution relative to ad-
journment;
Which was read:
Mr. Scott moved to lay the resolution on the table ;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Cox, DeLany, Fortune, Graham, Harris,
Moore of Columbia, Osgood, Pons, Robinson, Scott, Thompson,
Walker, and Wells-13.
Nays-Messrs. Butler, Bogue, Bradwell, Cruce, Erwin, Hill,
Hodges, Lee, McKinnon, McMillin, Mills, Moore of Hillsborough,
Oliver, Pitman, Raney, Rodgers, Simpson, Smith, Stewart,
Urquhart, and White-21.
Motion to lay on the table lost.
On motion of Mr. Walker, the further consideration of the
resolution was postponed until Tuesday next.
The following bills were introduced :
By Mr. Butler, of Santa Rosa :
A bill to be entitled An Act to alter and amend An Act ap-
proved by the Governor, January 28th, 1870, entitled An Act
to alter and amend An Act entitled An Act to Perfect the Pub-
lic Works of this State, approved June 24, 1869.
By Mr. McKinnon, of Walton :
A bill to be entitled An Act to amend Sections Nos. 6, 15,
and 25, of An Act entitled An Act to organize the County
Courts of the several counties of this State, and to Prescribe
the Mode and Practice of the said Courts, approved August
4, 1868.
By Mr. White, of Clay :
A bill to be entitled An Act to provide for the Assessment
and Collection of Taxes ;
Which were received and placed among the orders of the
day.
Mr. Pons, of Escambia, asked the unanimous consent of the
Assembly to introduce the following bill:
A bill to be entitled An Act to amend the Seventh Section of
An Act entitled An Act relating to Stevedores;
Which was objected to by Mr. Oliver, of Bradford, and the
bill ruled out by the Speaker.

16

ORDERS OF T1E DAY.

Bill No. 2:
To be entitled An Act to alter and amend An Act, approved
by the Governor January 28, 1870, entitled An Act to alter and
amend An Act entitled An Act to Perfect the Public Works of
the State, approved June 24, 1869,
"Was read first time.
Mr. Butler moved to refer the bill to Committee on Rail-
roads ;
Which was not agreed to.
On motion of i r. Fortune, the bill was referred to a select
committee of five, consisting of Messrs. Fortune of Jackson,
l,'Kii.o.ii of Walton, Har-ris of Marion, Ifill of Gadsden, and
Butler ol' Santa Rosa.
A bill to be entitled An act to amend Sections Nos. 6, 15, and
25, of An act entitled An act to Organize the County Courts in
the several counties of the State, and to Prescribe the Mode and
Practice of said Courts, approved August 4, 1868,
Was read first time, and on motion, referred to the Commit-
tee on Judiciary.
A bill to be entitled An act to provide for the Assessment and
Collection of Taxes,
Was read first time, and referred to Committee on Finance
and Taxation.
The following message was received from his Excellency, the
Governor:

ExiECtIJ-VE OFFI CE,
TALLAIHASSEE, Fla., May 27, 1870.
Hox. M. L. STEA'r s, Speaker of the Assembly :
Sim: I beo leave through you to submit for the consideration
of the Assembly the enclosed bill to Decrease the Expenditures
of the State, and to Regulate the Fees of Officers, which I have
caused to be drawn, with a view to relieve the people of taxation,
and increase the efficiency of the government.
tery respectfully, &c.,
ITAnrasoN ItINE, Governor.

Which was read, and the bill placed :nmong tilhe orders of I lie
day.
A bill to be entitled An Act to Decrease the Expenditures of
the State, and to Regulate the Fees of Officers,
Was read first time, and referred to Judiciary Committee.
On motion of Mr. Oliver, the Assembly adjourned until to-
mIorrow morning, 10 o'clock.

,SATURIDAY, May 28, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to their
names :
"Mr. Speaker, Messrs. Butler, Bogue, Bostick, Cox, Cruce, De-
Lany, Erwin, Fortune, Graham, Harmon, Harris, Hill, Hodges,
McKinnon, McMillin, Mills, Moore of Hillsborough, Oliver, Os-
good, Pitman, Raney, Scott, Simpson, Smith, Stewart, Thomp-
son, Urquhart, Walker, Watson, Wells, and White--o2.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Simpson, the further reading of yesterday's
journal was dispensed with, and the journal approved.
The following message was received from the Senate:

SENATE C IIAMBER,
TALLAHIASSEE, Fla., May 27, 1870.
lion. M. L. STE.A NS, Speaker of the Assembly:
Sip: I am directed by the Senate to inform the Assembly
that the Senate has adopted Concurrent Resolution relative to
adjournment, and respectfully ask the concurrence of the As-
sembly thereto. Very respectfully,
CIIAILTES AMUNDEE,
Secretary of the Senate.

Was read, and the resolution placed among the orders of the
,day.
Mr. Scott, of Duval, offered e he follmoing resolution:
Resolved, That a committee of two be appointed by the
Speaker to wait upon the Senate, and in the name of the Assem-
bly ask leave to withdraw the resolution of impeachment, and
the report and charges in connection therewith, reported to the
Senate at the I:st session of the Legislature against James T.
Magbee, Judge o f the Sixth Judicial Circuit Court of this State,
that the same may he further inquired into by the Assembly,
and that the Clerk of the Assembly transmit a copy of this reso-
lution to the Senate immediately upon the appointment of said
committee.
Which, on motion, was read.
Mr. Simpson, of Marion, moved to lay the resolution upon the
table;
11pon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bostick, Hill, McKinnon, and Osgood

Nays-Messrs. Bogue, Black, Cox, Cruee, DeLany, Erwin,
.a

Fortune, Graham, Harmon, Harris, Hodges, Lee, McMillin,
Mills, Moore of Columbia, Moore of Iillsborough, Oliver, Pit-
man, Pons, Raney, Robinson, Rodgers, Scott, Simpson, Smith,
Stewart, Thompson, Urquhart, Walker, Watson, Wells, and
White-32.
Motion lost.
Mr. Raney, of Franklin, moved to indefinitely postpone the
resolution ;
Upon which the yeas and nays were called for, and were:
Yeas.-Messrs. Butler, Bostick, Black, Cox, DeLany, Erwin,
Hill, Hodges, McKinnon, McMillin, Moore of Hillsborough,
Oliver, Osgood, Pitman, Raney, Simpson, Smith, Stewart,
Thompson, Urquhart, Walker, and Watson-22.
Nays-Messrs. Cruce, Fortune, Graham, Harmon, Harris,
Lee, Mills, Moore of Columbia, Pons, Robinson, Rodgers, Scott
Wells, and White-14.
The resolution was indefinitely postponed.
The following message was received from the Senate:
SENATE' CHAMIBEI ,
"TALLAHASSEE, Fla., Mfay 28th, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly ;
Smn: I am directed by the Senate to inform the Assembly that
the Senate has passed Senate Bill No: 1. entitled An Act in re-
lation to the Capitol and other Public Buildings and Grounds
and Repairs thereto. Very respectfully,
CHAS. MUNDE:E,
Secretary of the Senate.
Was read, and the bill placed among the orders of the day.
The following report was received :
ComArrr3Tn: Roo n, May 28th, 1870.
HON. M. L. STEARNS, Speaker of the Assembly :
Your committee, to whom was referred Assembly Bill en-
titled An Act to Authorize Circuit Judges to have Summoned
Juries in Certain Contingencies, beg leave to report the accom-
panying bill as a substitute and recommend its passage.
Respectfully.
G. P. RANXEY, (Chairimai Comunittee.
Was read, and the substitute placed among the orders of the
day.
ORDERS OF THE DAY.

Assembly Bill No. 1:
An Act to be entitled An Act to Authorize Circuit Judges to
have Summoned Juries in Certain Contingencies,

Was read the second time, and on motion of Mr. Harmon, of
Alachua, recommitted to the Judiciary Committee.
Senate Concurrent Resolution relative to adjournment,
Was read, and on motion of Mr. Fortune, of Jackson, laid on
the table.
On motion of Mr. Butler, of Santa Rosa, the Assembly took a
recess until 3 o'clock, this afternoon.

THREE O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bostick, Cox, Dclany, Erwin,
Fortune, Graham, Harris, Hill, Hodges, McMillin, Mills, Moore
of Columbia, Moore of Hillsborough, Oliver, Pitman, Pons, Ra-
ney, Robinson, Scott, Simpson, Smith, Thompson, Urquhart,
Walker, Watson, and Wells-28.
A quorum present.
Mr. Raney, of Franklin, offered the following resolution:
Resolved by the Assembly, That no bill of any kind, or any
resolution, or motion, other than such as relate to the discipline
of the Assembly, or is incidental to matters already referred to
committees, or which may come from the Senate, shall be enter-
tained, or in any manner considered, unless the same shall be
recommended by the Governor, or by a unanimous committee,
all the members thereof signing the recommendation; and that
such recommendation by a committee shall not preclude or take
away the constitutional right of any member to exclude any bill
or resolution or motion so recommended by a committee. It
shall require a two-thirds vote of the Assembly to repeal or sus-
pend this resolution.
Which was read.
Mr. Scott, of Duval, moved to lay the resolution upon the
table;
Which was not agreed to.
Mr. Fortune, of Jackson, moved the indefinite postponement
of the resolution;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Cox, Erwin, Fortune, Hill, Moore of Columbia,
Pons, Robinson, Scott, Thompson, and Wells-10.
Nays-Messrs. Butler, Bogue, Bostick, DeLany, Graham,
Harris, Hodges, McMillin, Mills, Moore of Hillsborough, Oliver,
Pitman, Raney, Simpson, Smith, Stpwart, Urquhart, Walker,
and Watson-19.
The motion wvis lost.

"-0

Mr. Pons, of Escamnbia, moved to strike out the words two-
thirds ;"
Which was not agreed to.
Mr. Butler, of Santa Rosa, moved the adoption of the resolu-
tion;
Which was agreed to.
Under a suspension of the rule, the Committee on Finalnce
and Taxation made te following report, viz.:
ASSE.MBLY lHALL.,
TAI..IIAmSSI:, Fla., May 2 1S70.
Hox. Ml. L. S'EAiNxs, Speaker of the Assembly :
SI: The Committee on Finance and Taxation, to whom was
referred Assembly Bill to be entitled An Act to Provide for the
Assessment and Collection of Taxes, be, leave to report the
same back to the Assembly, with amendments, and would re-
spectfilly recommend the passage of the bill as amended.
Very 1espectfully, F. .1. 1 ALius.
Chairmaun.

Which was read, and the amnendlments concurred in.
The bill, as amended, read the second time.
Ordered engrossed, as amended, for third reading on Monday.
The rule being waived, the following reports from the Judi-
ciary Committe we werreceived.

IMAJO. ITY IREPOiRT.

IIso. iM. L. SuEARNss, Speaker of the Assembly :
The undersigned, members of tihe Committee on Judiciary,
having, by order of the Assembly, had under consideration a
bill to be entitled An Act to Authorize Circuit Judges to
have Summoned Juries, in Certain Contingencies, and also a
substitute for said bill, respectfully recommend that the substi-
tute be indefinitely postponed, and that the original bill he
amended by striking out, at the end of Section 2, the words:
"And in all such cases the court shall judge of the competency
and qualification of the jurors."
Ilespectfiuly submitted.
S.tUm. WA LK : i:,
11. S. ILlA\rox.
E. Fo, lrt'NE.

3I1NON)ITY 1 EPO()T.

IIox. M. L. ST'E.\: Speaker of tih Assembly :
IHaving considered Asscembily Hill No. 1, T respectfully recom-

21

mend the passage of the accompanying bill, to be entitled An
Act Relating to Jurors.
GEORGE P. RANEY,
Chairman Judiciary Committee of Assembly.
Were read, and the majority report adopted.
The bill read the second time, and the amendment, as offered
by committee, concurred in.
The bill ordered engrossed for a third reading on Monday.
Under a suspension of the rule, the Committee on Railroads
made the following report:
COMMIrTTIEE ROOMt, May 28, 1870.
Hox. 31. L. STEARNS, Speaker of the Assembly:
Your committee, to whom was referred a bill to be entitled
An Act to Alter and Amend An Act, approved by the Governor
January 28, 1870, entitled An Act to Alter and Amend An Act
entitled An Act to Perfect the Public Works of the State, ap-
proved Junie 24, 1869, have had the same under consideration,
and respectfully recommend its passage, with the following
amendment : Strike out the words, The passage of this act,"
in the fourth and third last lines of the First Section, and insert
the following: 28th of January, 1870."
They are induced to grant the extension of time to the corpo-
ration, after hearing the statements of the engineer of the compa-
.ny, and the party with whom the company has contracted for
the iron; which statements clearly show that the necessity for
the extension of time is not in anywise attributable to a want
of a diligent prosecution of the work on the part of the corpora-
tion, but to circumstances over which the company or corpora-
tion had no control whatever.
Very respectfully,
E. FORTUNNE, Chairman,
FREDERICK HILL,
E. J. HAnmIs,
J.IOI W. BUTLER,
D. L. McKixox.
Which was read and adopted.
The bill read the second time, and the amendments concurred
in.
On motion of Mr. Raney, the Assembly adjourned until Mon-
day morning, 10 o'clock.

MONDAY, May 30, 1870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:

M.r. Speaker, Messrs. Butler, Bogue, Bostick, Black, Cox,
Cruce, DeLany, Erwin, Fortune, Graham, Harmon, Hill,
Hodges, Keene, Lee, McKinnon, McMillin, Mills, Moore of Co-
lumbia, Moore of Hillsborough, Oliver, Osgood, Pitman, Raney,
Robinson, Rodgers, Soott, Stewart, Thompson, Urquhart,
Walker, Watson, Wells, and White-35.
SA quorum present.
Prayer by the Chaplain.
On motion of Mr. Osgood, the reading of Saturday's journal
was dispensed with, and the journal approved.
The following message was received from the Senate:
SENATE CmrAvtBE,
TALLAIASSEE, Fla., May 30, 1870.
HI-N. M. L. STEARNS, Speaker of the Assembly :
SmI: I am directed by the Senate to inform the Assembly that
the Senate requests the return, from your honorable body, of Sen-
ate Bill No. 1, An Act in Relation to the Capitol and other Pub-
lie Buildings. Very respectfully,
CIIAS. MUNDEE,
Secretary of the Senate.
Was read, and on motion, the clerk was requested to return
the bill in question.
Mr. H-armon moved to repeal the resolution offered by Mr.
Raney, of Franklin, on Saturday, relative to the introduction of
business, &c.;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Black, Cox, Cruce, DeLany, Erwin, Fortune,
Graham, Harmon, Harris, Hill, Hodges, Keene, Lee, Mills,
Moore of Columbia, Oliver, Osgood, Pons, Robinson, Rodgers,
Scott, Thompson, Walker, and Wells-24.
Nays-Messrs. Butler, Bogue, Bostick, McKinnon, McMillin,
Moore of Hillsborough, Pitman, Raney, Simpson, Smith, Stew-
art, Urquhart, and Watson-13.
Motion lost, requiring a two-thirds vote to repeal the resolu-
tion.
The following message was received from the Senate:
SENATE CIIAMBER,
TALLAIASSEE, Fla., May :30, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin: I am directed by the Senate to inform the Assembly
that the Senate has passed Senate Bill No. 8, entitled An Act
for the relief of Dr. Win. Germany, and for the Sanitary Inter-
est of the State.' Very respectfully,
CIIAS. MUNDEE,
Secretary of the Senate.

"Was read, and the bill placed among the orders of the day.
Mr. Harris, of Marion, presented a petition from Jno. M.
Taylor;
Which was referred to Committee on Finance and Taxation.
Mr. Simpson asks permission of the Assembly to change his
vote in reference to Mr. Raney's resolution, of Saturday;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, Black, Cox, Cruce, DeLany, Erwin,
Fortune, Graham, Harmon, Harris, Hill, Hodges, Keene, Lee,
McMillin, Mills, Moore of Columbia, Osgood, Pons, Robinson,
Rodgers, Scott, Thompson, and Wells-24.
Nays-Mr. Speaker, Messrs. Butler, Bostick, McKinnon,
Moore of Hillsborough, Oliver, Pitman, Raney, Smith, Sti u\;,rt,
Urquhart, Walker, and White-14.
Motion lost, requiring a two-thirds vote.
1Mr. Harmon moved that the Assembly take a recess until 4
o'clock, this afternoon;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Black, DeLany, Graham, Har-
mon, Hodges, Mills, Moore of Columbia, Oliver, Osgood, Simp-
son, Thompson, and Wells-15.
Nays-Messrs. Bostick, Cox, Cruce, Fortune, Harris, Hill,
Keene, Lee, McKinnon, McMillin, Moore of Hillsborough, Pit-
man, Pons, Raney, Rodgers, Scott, Smith, Stewart, Urquhart,
Walker, Watson, and White-22.
The Assembly refused to take a recess.
Committee on Engrossed Bills made the following report:
COMMITTEE RooM, May 30, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sir: The Committee on Engrossed Bills respectfully report
as correctly engrossed the following bills:
Assembly Bill No. 1 :
A bill authorizing Circuit Judges to have Summoned Juries in
certain Cases.
Assembly Bill No. 4:
A bill to provide for the Assessment and Collection of Taxes.
Respectfully,
E. FORTUNE, Chairman.
Was read, and the bill placed among the orders of the day.
On motion of Mr. Walker, of Leon, the Sergeant-at-Arms was
dispatched for absent members.
ORDERS OF THE DAY.
A bill to be entitled An Act to Provide for the Assessment
and Collection of Taxes,
Was read the third time,and put upon its passage.

24

The vote was :
Yeas-Messrs. Bogue, Black, Cox, DeLany, Erwin, Fortune,
Graham, Harmon, Harris, Hill, Hodges, McMillin, Mills, Os-
good, Pons, Raney, Robinson, Rodgers, Scott, Simpson, Thomp-
son, Walker, Wells, and White-24.
Nays-Messrs. Butler, Bostick, Cruce, Keene, Lee, McKin-
non, Oliver, Pitman, Smith, Stewart, Urquhart, and Watson-] 2.
The bill passed, title as stated.
Ordered that the clei'k he requested to certify the same to
the Senate immediately.
On motion of Mr. Osgood, the Assembly took a recess until
4 o'clock, P. M.

FOUR O'CLOCK, P. lM.

The Assembly resumed its session.
The roll being called, the following members answerecI to
their names:
Mr. Speaker, Messrs. Bogue, Bostick, Black, Cox, Cruet, 1)e-
Lany, Graham, Harmon, Harris, Hill, Hodges, Lee, McKinnoli,
McMillin, Mills, Moore of Hillsborough, Oliver, Pitman, Robin-
son, Rodgers, Scott, Smith, Stewart, Thompson, Vlrquhart.
Walker, and (Watson-28.
The following communication was received from the Secreatary
of State:
()FFRJE OF SEiCiE'TAIvY OF STA.:, J
TALLAIIASSIEE, Fla., 3Iay 28, 1870. \
lHon. M. L. S'r. AuNs. Speaker of the Assembly :
Smi I have the honor to transmit the following bills, deposited
in this office after the adjournment of the regular session, s70,
"with the objections of the Governor:
An Act to Incoorporate the Holmes Creek Navigation Com-
pany.
An Act to Define the Intent and Direct the l -se of an Appro-
priation for Common Schools.
An Act to Incorporate the Tampa Il. i. Company.
An Act to Incorporate the Tampa, Hillsborough, & Charlotte
Bay Navigation Company.
Very respectfully,
JONxATIIAN C. GIBUS,
Secretary of State.
"Which was read.
The following message was received from His Excellency the
Governor :

EXECUTIVE OFFICE,
TALLAIIASSEE, Fla., Feb. 21, 1870.
Hon. Speaker of Assembly:
Sm : The bill to incorporate the Tampa, Hillsborough, &
Charlotte Bay Navigation Company is herewith returned with-
out my approval.
It seeks to incorporate a company which may be more consti-
tutionally organized under t lie general law on the subject of in-
corporations now in- force. It goes further, and grants one hun-
dred thousand dollars from the Internal Improvement Fund to a
company to expend in improving the navigation of Iillsborongh
river, while it provides no means to determine specifically how the
fund shall be applied or accounted for. It is loose and extrava-
gant, and in my judgment appropriates State funds improvi-
dently and improperly.
Respectfully, &c.,
I-i.AIisox IREl, Governor.
Which was read.
On the question, Shall the bill pass, the Governor's veto to the
contrary notwithstanding ? the vote was:
Yeas-Messrs. Moore of Columbia and Iobinson-2.
Nays-Messrs. Bogue, Bostick, Black, Cox, Cruce, )eLany,
Graham, Harmon, Harris, Hill, Hodges, Lee, McKinnon, McMil-
lin, Mills, Moore of Hillsborough, Oliver, Osgood, Pitman, Puns,
Rancy, Rodgers, Scott, Smith, Stewart, Thompson, Urquhart,
Walker, Watson, and Wells-30.
The veto of His Excellency was sustained.
Also, the following:
EXECUTIVE OIFr'c: E,
TALLAHASSEE, la., Feb. 21, 170.
Hon. Speaker of the Assembly :
SiR: The bill, originating in the Assembly, for An Act to In-
corporate'the Tampa Railroad Company, is returned herewith
without my signature.
Two or three other companies have already been incorporated
over the same route, and one of them years since graded over
forty miles of the road, and has received from the present Legis-
lature assurance of State aid to the amount of fourteen thousand
dollars per mile.
I do not think it proper that a road already under construction
should be embarrassed by another charter over the same route.
But this bill proposes also to grant twenty thousand acres of State
lands per mile for the first five miles, and ten thousand acres per
mile for the balance of the way, at least one million six hundred
thousand acres of lands, at five cents per acre, to construct a road
over a line already provided for by a State guarantee of the
bonds of the company for fourteen thousand dollars per mile.

26

It seems to me unnecessary to argue the impropriety and in-
justice of this bill. The State cannot afford to make so munifi-
cent a grant of lands even to secure the construction of a road,
and certainly not when by previous legislation the same road is
already provided .for. I must, therefore, withhold my approval
of the bill. iHArLmsox RmD v, Governor.

Was read.
On the question, Shall the bill pass, the Governor's veto to
the contrary notwithstanding ? the vote was :
Yeas-Messrs. Black, Harmon, and Moore of Columbia-- .
Nays--Messrs. Bogue, Bostick, Cox, Cruce,)DLany,Fortune,
Graham, Harris, Hill, Hodges, Lee, McKinnon, McMillin, Mills,
Moore of Hillsborough, Oliver, Osgood, Pitman, Pons, tanty,
Rodgers, Scott, Simpson, Stewart, iTrquhart, Walker, Watson,
and Wells-30.
Mr. Moore, of IIillsborough, asked to be excused from voting
on the above bill, but was refused by the Assembly.
The veto of His Excellency was sustained.
Also, the following :
EXiElTI'VE OFFICE,
TALLLAHSSEE, Fla., Felrnary 21, 1870.
Hon. Speaker of the Assembly :
Sm :. I herewith return, without my approval, the Bill to De-
fine the Intent and Direct the Use of an Appropriation for
Common Schools.
The provision made by the Constitution for the Common
"School Fund of the State is munificent, and the financial condi-
tion of the State and people is such that I deem any additional
State tax at this time, in this behalf, oppressive and unjust. The
people in the counties are at liberty to assess such tax for their
local schools as they deem proper. It is asking too much of an
impoverished people just recovering from a long and exhausting
war, and consequent bankruptcy, to add fifty thousand dollars
to the State tax now levied by the Constitution. I must with-
hold my signature. Respectfully, &c.,
HAum:sox TR-EE, Governor.
Which was read.
On the question: Shall the bill pass, the Governor's veto to
the contrary notwithstanding ? the vote was:
Yeas-Messrs. Butler, Bogue, Black, Cox, Crtce, DeLany,
Erwin, Fortune, Graham, Hill, Hodges, [McMillin, Mills, Moore
of Columbia, Osgood, Pons, Robinson, Scott, Simpson, Thomp-
son, Walker, and Wells-22.
Nays-Messrs. Bostick, Harris, Lee, Moore of IHillsborough,
Oliver, Pitman, Raney, Rodgers, Smith, Stewart; Urquhart,
Watson, and White-- 3.

27

Having failed to receive the constitutional majority of two-
thirds, the veto of His Excellency was sustained.
Also, the following :
EXECUTIVE OFFICE,
TALLA1HASSEE, Fla., February 11, 1870.
lion. Speaker of the Assembly:
Sin: I herewith return, without my approval, the Act to In-
corporate the Holmes Creek Navigation Company.
This bill incorporates a company to improve the navigation of
Holmes Creek, in Washington County, and grants exclusive
rights to navigate the same for ten years. It does not specify
the time when the work shall be commenced or completed. But
it appropriates from the Treasury $5,000, to be paid upon the
organization of the company, and the execution of a sufficient
bond, which bond is to be cancelled when the work is completed,
which may never be. It is a piece of loose and improvident
legislation, inconsistent with the condition of the Treasury and
interests of the State, and which I cannot sanction.
Respectfully, &c.,
HARluSONt REED, Governor.
Which was read.
On the question: Shall the bill pass, the Governor's veto to
the contrary notwithstanding ? the vote was :
Yeas-Messrs. Butler, Fortune, McKinnon, McMillin, Moore
of Columbia, and Pitman-0.
Nays-Messrs. Bogue, Bostick, Black, Cox, Cruce, DeLany,
Erwin, Graham, Harmon, Harris, Hill, Hodges, Lee, Mills,
Moore of Hillsborough, Oliver, Osgood, Pons, Raney, Robin-
son, Rodgers, Scott, Simpson, Smith, Stewart, Thompson, Urqu-
hart, Walker, Watson, Wells, and White-31.
The veto of His Excellency was sustained.
The following message was received from the Senate:
SENATE CIIAMBER,
TALLAHASSEE, Fla., May 30, 1870.
Hox. M. L. STEAINS,, Speaker of the Assembly:
Sin: I am directed by the Senate to inform the Assembly
that the Senate has passed Senate Bill No. 4, An Act Concern-
ing Writs of Attachment and Replevin in the County Courts.
Also :
Senate Bill No. 5, An Act Concerning Testimony.
Very respectfully, CHAs. MUNDDEE,
Secretary of the Senate.
Was read, and the ills placed among the orders of the day.
Also, the following:

28

SENATE CHA-MBER, i
TALLAHASSEE, Fla., May 30, 1870.
HON. M. L. STEARNS, Speaker of the Asembly:
Sml: I am directed by the Senate to inform the Assembly
that the Senate has instructed me to return to your honorable
body Assembly Bill No. 4, An Act to Provide for the Assess-
ment and Collection of Taxes, with request that said bill be
correctly engrossed. Very respectfully,
Cir.S. MI N M)1:i,
Secretary ot the Senate.
Which was read, and on motion, the vote upon thle passage
of Assembly Bill No. 4 was reconsidered, and the bill placed
back upon its second reading for to-m'orrow.
Also, the following :
SENATE ClIAuJMuK,
TALLAIIASSE., Fla., May 30, 187.
Hox. 31. L. STEAI;NS, Speaker of the Assembly :
Sir : I am directed by the Senate to inform the Assembly
that the Senate has instructed me to return to your honorable
body, Senate Bill No. 1, An Act in relation to the Capitol and
other Public Buildings of the State, for your further considera-
tion. Very respectfully,
CIAs. Muxnm: .:,
Secretary of lthle Selate.
Which was read, and the bill placed amongg the orders ft' tihe
day.
Assembly Bill No. 2:
To be entitled An Act to alter and amend An Act approved
by the Governor, January 28th, 1870, entitled An Act to alter
and amend An Act to Perfect the liublic W\orks of the State,
approved June 24th, 1860,
Was read the third time.
Mr. Scott, of Duval, moved to place the bill back on it. second
reading ; which was not agreed to.
Upon the passage of the bill the vote was:
Yeas-Messrs. Butler, Boguc, Bostick, Cox, Cruce, Fortune,
Harris, Hill, Lee, McKinnon, McMillin, Mills, Moore of Colun-
bia, Moore of Hillsborough, Oliver, Osgood, Pons, lRaney, Rob-
inson, Rodgers, Simpson, Smith, Stewart, 1rrquhart, Walker, and
White-26.
Nays-Messrs. Black, DeLany, Erwin, Graham, lharmon,
Hodges, Pitman, Scott, Thompson, mid Wells-10.
The bill passed, title as stated.
Assembly Bill No 1 :
To be entitled An Act to Authorize Circuit Jumlge to have
Summoned Juries in Certain (ontingencies,

Was read the third time.
On motion of 3Mr. Harmon, of Alachun, the bill was placed
back on its second reading.
Senate Bill No. 1 :
To be entitled An Act in relation to the Capitol and other
Public Buildings of the State,
Was read first time.
Under a suspension of the rule, read tlhe second and third
times, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bostick, Black, Cox, Cruce, IDelany,
Erwin, Fortune, Graham, Harmon, Harris, Hill, Hodges, Lee,
McMillin, Mills, Moore of Hillsborough, Oliver, IPitman, Pons,
IRobinson, Rodgers, Scott, Simpson, Smith, Thompson, Irquhart,
Walker, Wells, and Whlite-30.
Nays-Messrs. Osgood and Stewart-2.
The bill passed, title as stated.
Senate Bill No. 8 :
To be entitled An Act for the Relief of .Dr). Wn. Germany,
and for the Sanitary interest of the State,
Was read, first tine.
The rule being unanimously waived, the bill was read the
second time, and on motion of Mr. Osgood, of Madison, referred
to Committee on Claims.
Senate Bill No. 4 :
To be entitled An Act Concerning Writs of Attachment and
Replevin in the County Courts,
Was read first time, the rule was unanimously waived, the
bill read the second and third times, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bogue, Bostick, Cox,'Cruce, DeLany,
Erwin, Fortune, (Graham, Harmon, Harris, Hill, I-odges, Lee,
McKinnon, McMillin, Mills, Moore of Columbia, Moore of Hills-
borough, Oliver, Osgood, Pitman, Pons, Raney, Robinson, Rod-
gers, Scott, Simpson, Smith, Stewart, Thompson, Urquhart,
Walker, Watson, Wells, and White-360.
Nays-- one.
The bill passed, title as stated.
Senate Bill No. 5 :
To be entitled An Act Concerning Testimony,
"Was read first time.
The rule being unanimously waived, the bill wais read the
second and third times, and put upon its passage.
The vote was :
Yeas--Messrs. Butler, Bogue, Bostick, Cox, Cruce, DeLany,
Erwin, Fortune, Graham, Harmon, Hill, Hodges, Lee, McKin-
non, McMillin, Mills, Moore of Hillshoroughi, Oliver, Pitman,

30

Ranev, Robinson, Rodgers, Scott, Smith, Thompson, Urquhart,
Walker, Watson, Wells, and White-30.
Nays-Messrs. Harris, Osgood, Simpson, and Stewart-4.
The bill passed, title as stated.
Assembly Bill No. 1 :
To be entitled An Act to Authorize Circuit Judges to have
Summoned Juries in Certain Contingencies, was again taken up,
read the second time.
Mr. Simpson, of Marion, moved to lay the bill on the table
Upon which the yeas and nays were called for, and were :
Yeas-M-essrs. Bostick, Cox, Cruce, DeLany, Erwin, Fortune,
Graham, I-odges, Mills, Osgood, Robinson, Scott, Simpson,
Thompson, Walker, and Wells-16.
Nays-Messrs. Butler, Bogue, Harmon, Harris, Hill, Lee, Mc-
Kinnon, McMillin, Moore of IIillsborough, Oliver, Pitman, Pons,
Raney, Rodgers, Smith, Stewart, Urquhart, Watson, and White
-19.
Motion lost.
Mr. McKuinon offered the following amendment:
Insert the following words after the word "do," in the lifth
line of the second section, or said list shall be exhausted:"
Which was adopted.
Mr. Harris moved to amend by substituting the word "ex-
cuse for discharge," and the word "jurors for "jury ;"
Pending which, on motion of Mr. Raney, the bill, with
amendments, was re-committed to Committee on the Judiciary.
Mr. Harmon moved to take from the table Senate Resolution
Relative to Adjournment;
Upon which the ydas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Bostick, Cruce, Harmon,
Hodges, McKinnon, Moore of IHillsborongh, Pitman, Raney,
Rodgers, Smith, Stewart, Urquhart, Watson, and Whlite-17.
Nays-Messrs. Cox, DeLany, Erwin, Fortune, Graham, Hlar-
ris, Iill, McMillin, Mills, Osgood, Pons, Robinson, Scott, Simp-
son, Thompson, Walker, and Wells-17.
Motion lost.
Mr. Osgood noved to excuse the honorable member from
Wakulla, (Mr. Bostick,) for the balance of the session;
Which was agreed to.
On motion, the Assembly adjourned until to-morrow morning,
10 o'clock.

TUESDAY, May 31, 1870.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :

.31

3Mr. Speaker, Messrs. Butler, Bogue, Cheshire, Cox, Cruce,
DeLany, Erwin, Fortune, Graham, Harmon, Harris, Hill, Keene,
Lee, McKinnon, McMillin, Moore of Hillsborough, Oliver, Os-
good, Pons, Raney, Robinson, Rodgers, Scott, Simpson, Thomp-
son, Urquhart, Walker, and Watson-30.
Prayer by the Chaplain.
On motion of Mr. Butler, the reading of yesterday's journal
was dispensed with, the journal corrected and approved.
Mr. Raney, of Franklin, moved to take from the table Senate
Resolution relative to adjournment;
Which was not agreed to.
The following committee report was received, and' the bill
placed among the orders of the day :
AssEaMBLY ClIAMInBER, May 31, 1870.
Hi ,. M. L. STEAnxs, Speaker of the Assembly :
Siu : The Committee on Claims, to whom was referred Senate
Bill No. 8, a bill to be entitled An Act for the Relief of Doc-
tor Win. Germany, and for the Sanitary interest of the State,
have examined the papers and bill, and recommend the passage
of the bill. Very respectfully,
JoHN W. BUTL,:u, Chairman,
F. N. B. OrLIVn:,
NoAH GnHAhir,
.J. A. LEE,
ANTHONY MILLS.
ORDERS OF THE DAY.
Assembly Joint Resolution relative to adjournment, made
the special order for to-day, was taken up.
Mr. Walker, of Leon, moved to lay it on the table.
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Cox, Crnce, DeLany, Erwin, Fortune, Graham,
Harmon, Harris, Hill, Keene, McKinnon, Mills, Moore of Co-
lumbia, Osgood, Pons, Robinson, Rodgers, Scott, Simpson,
Thompson, Walker, and Wells-22.
Nays-Messrs. Butler, Bogue, Cheshire, Lee, McKinnon,
Oliver, Pitman, Raney, Smith, Stewart, Urquhart, and Watson
-12.
The resolution was laid on the table.
A bill to be entitled An Act to provide for the Assessment
and Collection of Taxes,
Was read the second time.
Mr. Harris, of Marion, offered the following amendment:
Amend Sec. 33 by adding, "and provided further,that the coun-
ty commissioners shall not levy any tax exceeding one half of
one per cent. on the assessed value of the property."

"32

Mr. Ilarmon, of Alachua, offered the following amendment to
the, amendment :
Provided that nothing in this section shall hinder county
boards of education from receiving the necessary amount for
school purposes in the county for the year ;"
Which was adopted.
Mr. Walker, of Leon, t.41; .1 the following addition to the
amelndient :
Add at the end of the amendment, or the levying and col-
lection of adequate School Tax;"
Which was agreed to.
Mr. 11arris's amendment, as amended, :vas :alopted.
3Mr. Mloore, of Columbin, offered thle followingI as a substitute
to section forty-one:
See. 4-1. The collector shall, on palynllent to hiint of any tax,
give a receipt for the same, and shall note on his tax roll the
payment thereof ; and if any collector shall wilfully return :a
unpaid any tax which has been paid to him, he shall be deemed
guilty of a misdemeanor, and on conviction thereof sliall be pun-
ished by imprisonment in the State Penitentiary not exceeding
twelve months( or by fine not exceeding one thousand dollars.
Which was read .and adopted.
Mr. Watson, of' Volusia, oflbred the following amendment to
Soc. 77.
Sec. 77. All State (Comptroller's Warrants, and Treasurer's
Certificates, and all Siate J nrors' and Witness' Certificates here-
tofore issued, or hereafter to be issued, shall be receivable for all
State and School Taxes, dues and demands.
Which was rejected by the Assembly.
The bill as amended ordered engrossed, and under a: suspension
of the rule, made the special order for this afternoon, 4 o'clock.
The following message was received from the Senate:

SIx,:ATK.; C.,\M IS*:, t
TAm.ImIAssmK, Fla., May 31, 1870. )
lJon. 31. L. Snm1:TA s, Speaker of the Assembly:
Smt: I am directed by the Sete to inform the Assemily tllat
the Senate has adopted the :ccompanyin.g Memorial to the Con-
gress of the United sr it -, in relations to the )Dredging out the
Inside :Pass:age between the St. Mlarys mad St. .ohnl s Rivers.
Very respectfully,
CllAt.S. M ND
S('cret:arv n tlh Senate.
Was read, and the memorial placed ailing the orders of the
day.

33

Senate Bill No. 8:
To be entitled An Act for the Relief of Dr. Wm. Germany,
and for the Sanitary Interests of the State,
Was read the second time.
Under a suspension of the rule, read the third time, and put
upon its passage.
The vote was:
Yeas-Messrs. Butler, Bogue, Cox, Cruce, DeLany, Graham,
Harmon, Harris, Hill, Keene, Lee, Mills, Oliver, Pitman, Rodg-
ers, Smith, Thompson, Urquhart, Watson, and Wells-20.
Nays-Messrs. Cheshire, Fortune, McKinnimon, Osgood, Pons,
Robinson, Scott, Simpson, Stewart, and Walker-10.
The bill passed, title as stated.
Ordered that the Clerk be requested to certify the same to the
Senate immediately.
Senate Memorial to Congress in relation to the Dredging out
of the Inside Passage between the St. Marys and St. Johns
Rivers,
Was read, and concurred in.
The following message was received from the Senate:

SENATE CIIAMBER,
TALLAIIASSEE, Fla., May 31, 1870.
Hon. M. L. STEAINS, Speaker of the Assembly:
Smi: I am directed by the Senate to inform the Assembly that
the Senate has adopted the accompanying Concurrent Resolution,
requesting the Governor to call on the Judges of the Supreme
Court for their Opinion in relation to Counties and County Offi-
cers. Very respectfully,
CHAS. MUNDEE,
Secretary of the Senate.

Which was read, and the resolution concurred in.
Also, the following :
SENATE CHAMBER, ,
TALLAHASSEE, Fla., May 31, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
SIr.: I am directed by the Senate to inform the Assembly that
the Senate has passed Senate Bill No. 7, An Act repealing An
Act in relation to State Warrants.
Very respectfully,
CHAs. MUNDEE,
Secretary of the Senate.

Which was read, and the accompanying bill placed among the
orders of the day.
3

34

Senate Bill No. 7:
To be entitled An Act repealing An Act in relation to State
Warrants,
"Was read first time, and, on motion, ruled out, as not coming
within the purview of the Governor's message.
On motion, the Assembly took a recess until 4 o'clock, this af-
ternoon.

FOUR. O'CLOCK, P. M.
The Assembly resumed its session.
A quorum present.
On motion, the IIon. members Messrs. Smith and Watson
were excused for the balance of the session.
Committee on Engrossed Bills made the following report :
COMMITTEE ROOM,
TALLAHAISSEE, Fla., May 31, 1870. C
HON. M. L. STEARNS, Speaker of the Assembly :
Smi: The Committee on Engrossed Bills, having carefully ex-
amined Assembly Bill No. 4, for the Assessment and Colleo-
tion of Taxes, beg leave to report that they find it correctly en-
grossed. Respectfully,
E. FORTUNE, Chairman.
Which was received.
The bill having been made, under a suspension of the rule,
the special order for 4 o'clock, was taken up, read the third time,
and put upon its passage.
The vote was:
Yeas-Messrs. Bogue, Cox, DeLany, Erwin, Fortune, Gra-
ham, Harmon, Harris, Hill, Hodges, Lee, M31cMillin, Mills, Os-
good, Robinson, Rodgers, Scott, Simpson, Thompson, Walker,
Wells, and White-22.
Nays-Messrs. Cheshire, Cruce, Keene, McKinnon, Oliver,
Raney, Stewart, and Urquhart-8.
The bill passed, title as stated.
The Clerk was requested to certify the :-mie to Senate imme-
diately.
The rule being waived, the Judiciary Conmnittee reported as
follows :
MAJORITY REPORT.
TALLAIIASSEE, May 31, 1870.
HON. M. L. STEASs, Speaker of the Assembly :
Judiciary Committee, to whom was referred Assembly Bill
No. 1, with direction to prepare a substitute, beg to present

35

the accompanying bill, to be entitled An Act Concerning
Juries, in compliance with said instructions, and recommend its
passage. GEORGE P. RANEY,
E. FORTUNE,
S. WALKER,
H. S. HAmoN,
of Committee.
MINORITY REPORT.
COMMITTEE Roo\r, May 31, 1870.
HoN. M. L. STEARNS, Speaker.of the Assembly:
Sin: Being unable to concur with the Committee to whom
was referred Assembly Bill No. 1, entitled a bill to be entitled
An Act to authorize Circuit Judges to have Summoned Juries
in Certain Contingencies, in their recommendation of a substi-
tute, I respectfully recommend the passage of' the accom-
panying substitute. The substitute offered by the Committee
makes no provision for a jury in the event that, from any cause,
the list has not been made out by the County Commissioners,
and the necessity for such a provision in the jury law has been
quite frequently demonstrated in the different county courts of
this State. Respectfully,
D. L. McKI xox.
Which were read.
On motion, the substitutes proposed by the committee were
indefinitely postponed.
Mr. Harmon moved that the original bill be made the special
order for next Friday.
Which was not agreed to.
On motion of Mr. Osgood, the original bill was indefi-
nitely postponed.
On motion of Mr. Harmon, the Assembly adjourned until to-
morrow morning, 10 o'clock.

WEDNESDAY, June 1, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Butler, Bogue, Bostick, Bradwell,
Cheshire, Cox, Cruce, DeLany, Erwin, Fortune, Graham, Green
of Manatee, Harmon, Harris, Hill, Iodges, Keene, Lee, McKin-
non, McMillin, Mills, Moore of Columbia, Moore ofHillsborough,
Oliver, Osgood, Pitman, Pons, Raney, Robinson, Rodgers,

36

Scott, Simpson, Smith, Stcwart, Thompson, Urquhart, Walker.
"Watson, Wells, and White-41.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Thompson, the reading of yesterday's jour-
nal was dispensed with and the journal approved.
Mr. McKinnon moved to reconsider the vote taken yesterday.
by which the substitute offered by minority of Judiciary Coim-
mittee, for Assembly bill No. 1, was indefinitely postponed.
Mr. Scott moved to lay on the table.
Not agreed to.
The original motion was lost.
Mr. Walker, of Leon, introduced the following bill :
A bill to be entitled An Act to Repeal the Fourth Section of
An Act entitled An Act to Incorporate the Gulf Steamship
Company, and to Perfect the Public Works of the State, ap-
proved February 9, 1870 ;
Which was received and placed among the orders of the
day.
Committee on Judiciary made the following report :
Hox. M. L. STEAlNS, Speaker of the Assembly :
Sin : The Committee on the Judiciary, having considered As-
sembly Bill No. 5, to be entitled An Act to Decrease the Ex-
penses of the State, and Regulate the Fees of Officers, beg leave
to report the bill back to the Assembly with amendments, and
recommend the passage of the bill with proposed amendments.
Very respectfully,
Gr:or;Ci P. RANEY, Chairman,
H. S;,. IHAMON,
E. FORTUNE,
S. WVALKEI:. *
Which was read, and the bill with amendments placed among
the orders of the day.
ORDERS OF THE DAY.
A bill to be entitled An Act to Repeal the Fourth Section of
An Act to Incorporate the Gulf Steamship Company, and to
Perfect the Public Works of the State, approved February 9,
1870,
Was read iirst time, and, on motion, referred to a select com-
mittee, consisting of Messrs. Raney of Franklin, Walker of
Leon, Hill of Gadsden, Oliver of Bradford, and Butler of Santa
Rosa.
A bill to be entitled An Act to Decrease the Expenditures of
the State, and to Regulate the Fees of Officers,

"Was taken up.
On motion the Assembly resolved itself into a committee of
the whole for the consideration of the bill.
Mr. Harmon, of Alachna, in the chair.
After some time spent therein the committee arose and through
their chairman recommended the bill back to the Assembly with
amendments, and recommended its passage.
On motion of Mr. Walker, of Leon, the amendments offered
by committee of the whole were adopted.
The bill read the second time and ordered engrossed.
A committee from the Senate appeared at the bar and in-
formed the Assembly that the Senate had adopted the following
preamble and resolution :
The Special Committee of the Senate, to which was referred
the request of James T. Magbee, Judge of the Sixth Judicial
Circuit of the State of Florida, that he be tried by the Senate,
upon the impeachment and charges preferred by the Assembly
at its last regular session, charging him with high crimes and
misdemeanors, and incompetency in office, beg leave to report :
That in view of the necessity of the continuance of the court
in the hands of the judge before whom the pending proceedings
of the court originated; the grave nature of the offence charged,
as calculated to affect the judicial reputation of any presiding
officer of an important court, and the fact that it is happily in
keeping with every principle of good government, and that the
Constitution guarantees to every citizen a speedy and impartial
trial, and the further fact that the term of office of one-half of
the present Senate, in the opinion of many, expires on the 8th
of June next, and it is desirable that such trial be had by those
already familiar with all the circumstances ; therefore,
Resolved, That the Senate will organize itself into a court for
the trial of impeachment of James T. Magbcc, Judge of the
Sixth Judicial Circuit Court of this State, at 4 o'clock this after-
noon, and that the Secretary of the Senate transmit at once a
copy of this resolution to the Assembly.
RouT. M. S-ITH, Chairman,
Joux A. VAUGIHAN,
A true copy. W. J. PUrmMs.
CIAs. 3UNDEE, Sec'y.
On motion of Mr. Harmon, the Sergt.-at-Arms was dispatched
for absent members.
Mr. Lee, of Sumter, offered the following resolution :
Resolved, by the Assembly of the State of Florida, that the
committee appointed to manage and conduct the trial of im-
peachment against James T. Magbee, Judge of Sixth Judicial

38

Circuit of this State, are hereby instructed to prepare at once
to appear and perform the duty assigned them at the time fixed
by the Senate for the trial of said impeachment.
Which was read and adopted.
Mr. IIarmon moved that two more be added to the commit-
tee referred to in the resolution;
Which was agreed to.
The Speaker appointed Messrs. Harmon of Alachua, and
Oliver of Bradford, additional managers in said case of impeach-
ment.
On motion the Assembly took a recess until ; o'clock this af-
ternoon.

THREE O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Butler, Bogue, Black, Cheshire, Cox,
Cruee, DeLany, Erwin, Fortune, Graham, Green of Manatee,
Harmon, Harris, Hill, Hodges, Keene, Lee, McKinnon, McMil-
lin, Mills, Moore of Columbia, Moore of IIillsborough, Oliver,
Osgood, Pitman, Pons, Raney, Robinson, Rodgers, Scott, Simp-
son, Stewart, Thompson, Urquhart, Walker, Wells, and White
-38.
A quorum present.
Under a suspension of the rule, Mr. Harris, of Marion, was
allowed to introduce the following :
A bill to be entitled An Act in relation to Collectors and Re-
ceivers of Taxes;
Which was read tirst time, and, on motion, referred to com-
mittee on Finance and Taxation.
Mr. Rancy, of Franklin, offered a Concurrent Resolution rela-
tive to adjournment.
Which was read.
Mr. Walker moved to make the resolution the special order
for Friday next.
The motion not agreed to.
Mr. Walker moved that the further consideration of the reso-
lution be postponed until to-morrow, 4 o'clock, r. r. ;
Which was not agreed to.
Mr. Scott, of Duval, moved that the further consideration of
the resolution be deferred until to-morrow morning, ten o'clock.
Not agreed to.
Mr. Oliver moved the adoption of the resolution.

39

Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Cheshire, Cruce, DeLany, Er-
win, Green of Manatee, Harris, Hodges, Lee, McKinnon, McMil-
lin, Mills, Moore of Hillsborough, Oliver, Pitman, Raney, Scott,
Stewart, Urquhart, and White-21.
Nays-Messrs. Cox, Fortune, Graham, Hill, Keene, Moore of
Columbia, Robinson, Rodgers, Simpson, Thompson, and Walker
-11.
The resolution was adopted.
Mr. Butler moved to reconsider the vote just taken.
Mr. Oliver moved to lay the motion to reconsider on the table;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Butler, Bogue, Cheshire, Cruce, Erwin, Hodges,
Lee, McKinnon, McMillin, Mills, Moore of Hillsborough, Oliver,
Pitman, Raney, Stewart, Urquhart, and White-17.
Nays-Messrs. Black, Cox, DeLany, Fortune, Graham, Green
of Manatee, Harmon, Harris, Hill, Keene, Moore of Columbia,
Osgood, Pons, Robinson, Rodgers, Scott, Simpson, Thompson,
and Walker-19.
Motion to lay on the table lost.
On Mr. Butler's'motion to reconsider, the yeas and nays were
called for, and were:
Yeas-Messrs. Black, Cox, DeLany, Fortune, Graham, Green
of Manatee, Harmon, Harris, Hill, Keene, Lee, Osgood, Pons,
Robinson, Rodgers, Scott, Simpson, Thompson, Walker, and
White-20.
Nays-Messrs. Butler, Bogue, Cheshire, Cruce, Erwin, Hodges,
McKinnon, McMillin, Mills, Moore of Columbia, Moore of Hills-
borough, Oliver, Pitman, Raney, Stewart, and Urquhart-17.
The vote on the resolution was reconsidered.
Mr. Scott moved to lay the resolution on the table;
Upon which the yeas and nays were called for, and were:
Yeas-Mr. Speaker, Messrs. Black, Cox, Cruce, DeLany, For-
tune, Graham, Harmon, Hill, Keene, Moore of Columbia, Os-
good, Pons, Robinson, Rodgers, Scott, Simpson, Thompson, and
Walker-19.
Nays-Messrs. Butler, Bogue, Cheshire, Erwin, Green of
Manatee, Harris, Hodges, Lee, McKinnon, McMillin, Mills,
Moore of Hillsborough, Oliver, Pitman, Raney, Stewart, Urqu-
hart, and White-18.
The resolution was laid on the table.
The following message was received from the Senate:

SENATE CIIAMBER,
TALLAHASSEE, Fla., June 1, 1870.
Hon. M. L. STrEAns, Speaker of the Assembly:
SIm: I am directed by the Senate to inform the Assembly that

40

the proper officers of the Senate have signed the following bills
and other documents, upon a report from the Enrolling Com-
mittee that said papers have been correctly enrolled:
Senate Bill No. 1:
An Act in relation to the Capitol, and other Buildings of the
State.
Senate Bill No. 4:
An Act Concerning WVrits of Attachment and Replevin in the
County Courts.
Senate Bill No. 5:
An Act Concerning Testimony.
Senate Bill No. 8:
An Act for the Relief of Dr. Germany, and for the :Sanitary
Interest of the State.
Memorial to Congress in relation to the Dredging out of the
Inside Passage between the St. Johns and St. Marys Rivers.
Concurrent Resolution requesting the Governor to call on the
Justices of the Supreme Court for their Opinion in Relation to
Counties and County Officers.
And request that the signatures of the Speaker and the C'hief
Clerk of the Assembly be affixed to the same.
Very respectfully,
CIIAS. Mu'NI)EE,
Secretary of the Senate.

Which was read, and the bills, memorial, and resolution signed
by the Speaker and Chief Clerk.
Also, the following:
SENATE CIIAMI]ER,
TALLIIA SSFE, Fla., June 1, 1870.
Hon. M. L. STEArNS, Speaker of the Assembly:
Smn: I am directed by the Senate to inform the Assembly that
the Senate has passed Senate Bill No. 3, An Act Authorizing a
Tax for Schools. Very respectfully,
CIIAS. MuxNDEI,
Secretary ol the Senate.
Was read, and the bill placed among the orders of the day.
Under a suspension of the rule, Mr. Moore, of Columbia, was
allowed to introduce the following bill:
A bill to be entitled An Act in Relation to the Agricultural
College Scrip;
Was read first time, and, on motion, referred to a select com-
mittee of three, consisting of Messrs. Black of Alachua, Harris
of Marion, and Rancy of Franklin.
Mr. Walker moved that the select committee, to whom was
referred An Act to Repeal the Fourth Section of An Act entitled

An Act to Incoorporate the Gulf Steamship Company, and Per-
fect the Public Works of the State, approved February 9, 1870,
be discharged from the consideration of said bill, and that said
bill be referred to the Committee on Finance and Taxation;
Which was not agreed to.
The following message was received from the Senate:
SENATE CIIAMBEiR,
TALLAIIASSEE, Fla., June 1, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
Sm : I am directed by the Senate to inform the Assembly that
the Senate is now organized for the trial of the articles of im-
peachment against James T. Magbee, Judge of the Sixth Judic-
ial Circuit of the State of Florida, and is ready to receive the
managers of the impeachment at its bar.
Very respectfully,
CIIAS. MUNDEE,
Secretary of the Senate.
Was read, and on motion of MIr Scott, of Duval, the mana-
"gers required to repair immediately to the Senate and prosecute
the case in question.
On motion, the Assembly adjourned until to-morrow morning,
10 o'clock.

THURSDAY, June 2, 1870.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Black, Cheshire, Cruce, DeLany, Erwin,
Fortune, Graham, Green of Manatee, Harmon, Harris, Hill,
Hodges, Keene, Lee, McKinnon, Mills, Moore of Columbia,
Oliver, Pitman, Raney, Robinson; Scott, Simpson, Stewart,
Thompson, Urquhart, Walker, Wells, and White-3-0.
A quorum present.
Prayer by the Chaplain.
Mr. Thompson moved that the reading of yesterday's journal
be dispensed with ;
Which was agreed to, and the journal approved.
A Special Committee made the following report:
Ho-. 31. L. STEArss, Speaker of the Assembly:
Your Special Committee, to whom was referred Assembly
Bill No. 8, entitled An Act in relation to the Agricultural Col-
lege Scrip, has had the same under consideration, and find that

42

a bill similar in its provisions passed both branches of the Legis-
lature at its last session, and was enrolled and lost before pre-
sentation to the officers of the Senate and Assembly for signa-
tures; that the bill was thereafter re-engrossed, or enrolled,
but by a different title, and that the same was duly signed, and
presented to and signed by the Governor and filed in the office
of the Secretary of State. It is contended that that bill is in-
operative on account of the omission to enroll it with the
proper original title. To save all question this bill, referred to
your committee, has been introduced.
Your Committee are of opinion that this bill is so guarded in
its language in referring to the Acts of Congress, and the posi-
tive language of the bill that no other disposition shall be made
of the Scrip than contemplated by the Acts of Congress for the
benefit of the Agricultural College, that the interest of the
College will be served in disposing of it before any contem-
plated action of Congress shall compel the State to receive
lands in lien of the scrip, and your Committee are of the opin-
ion that the use of the scrip in purchasing the bonds of the
State or United States, which will be drawing interest and at-
tended with no expense, compared with that of the sale of lands
and the investment of the proceeds of the lands, will ensure to
far greater benefit than any other disposition.
Your Committee therefore report the same back to the As-
sembly without amendment, and ask its passage.
RicIIAilu) II. BLACK, Chairman,
E. J. HAirms.
Which was read.
The bill placed among the orders of the day.
Committee on Finance and Taxation reported as follows :
Assma.nix COMrMIrrEE ROOM, (
TALLIA ASSEE, Fla., Tune 2, 1870.
Hox. M. L. S'rEAnxs, Speaker of the Assembly :
Sir : The Committee of .the Assembly on Finance and Taxa-
tion, to whom was referred Assembly Bill No. 6, to be entitled
An Act in relation to the Collectors and Receivers of the Taxes
of the State of Florida, beg leave to report, that the Committee
have considered the bill in its relation to the several acts now in
force in reference thereto, and recommend its passage.
Respectfully submitted.
E. J. IHAmus, Chairman,
S. WALKER,
B. W. TIoIornso-,
G. P. RANEY.

Was read, and the bill placed among the orders of the day.

43

ORDERS OF THE DAY.

Substitute to Senate Bill No. 3 :
A bill to be entitled An Act authorizing a tax for Schools,
Was read first time, and on motion of Mr. Black, of Alachua,
referred to a special committee of five, consisting of Messrs.
Black, White, McKinnon, Moore of Columbia, and Moore of
Hillsborough, with instructions to report this afternoon.
Committee on Engrossed Bills report as follows:
COMAITTrEE RooM, }
TALLAIIASSEE, June 2, 1870.
Hox. M. L. STEARNS, Speaker of the Assembly :
Sin: The Committee on Engrossed Bills, having examined
Assembly Bill No. 5, a bill to be entitled An Act to Decrease
the Expenditures of the State and to Regulate the fees of Offi-
cers, beg leave to report that they find it correctly engrossed.
Very respectfully,
E. FORTUCE, Chairman.
Was read.
On motion the bill taken up, read the third time.
Mr. McKinnon offered the following resolution :
Resolved, That no member of the Assembly has the right to
vote upon the' bill now pending, who may be interested in any
manner whatever, by the passage of the bill.
The Speaker ruled that the resolution was out of order.
Mr. McKinnon appealed from the decision of the chair.
Upon the question, Shall the decision of the chair be sus-
tained by the house ?
The vote was:
Yeas-Messrs. Butler, Bogue, Black, Cox, Cruce, DeLany,
Erwin, Graham, Harmon, Harris, Hill, Hodges, Keene, Lee,
Mills, Pitman, Raney, Robinson, Rodgers, Scott, Simpson, Stew-
art, Thompson, Walker, Wells, and White-26.
Nays-Messrs. Cheshire, Fortune, McKinnon, McMillin,
Moore of Columbia, Moore of Hillsborough, Oliver, Pons, and
Urquhart-9.
The chair was sustained.
Upon the passage of the bill, the vote was:
Yeas-Messrs. Butler, Bogue, Black, Cox, DeLany, Erwin,
Fortune, Graham, Harmon, Harris, Hill, Hodges, McKinnon,
McMillin, Mills, Oliver, Osgood, Pons, Raney, Robinson, Scott,
Simpson, Thompson, Walker, Wells, and White-26.
Nays-Messrs. Cheshire, Keene, Lee, Moore of Hillsborough,
Pitman, Rodgers, Stewart, and Urquhart-8.
The bill passed, title as stated.

44

Under a suspension of the rule, Mr. Raney, of Franklin, made
the following minority report:
HoN. M. L. STIAans, Speaker of the Assembly :
The undersigned, member of a special committee, to whom
was referred a bill to be entitled an act in relation to Agricul-
tural College Scrip, regretting his inability to agree with the
other members of the Committee, recommends that the bill do not
pass. There is already an act vesting the powers proposed
by this bill to be imposed upon the Governor in a Board of
Trustees, whose sole public duties will be to advance the in-
terest of education, upon which interests the Act of Congress
authorizing the issue of the scrip is founded. This duty is not
of a nature incumbent upon the Governor, and should not be
imposed upon him, particularly as there is a possibility thatthe
onerous, and possibly unpleasant, duty of negotiating the bonds
proposed by the funding bill now before the Senate, may be im-
poscd upon him, and some yet undesignated financial agent.
The combined duties would indeed be too onerous upon our
Governor, and certainly in view of the possible passage of the
financial agent funding bill lie would object to the passage of
this bill. The Assembly should remember that there is a Su-
perintendent of Public Instruction, and to him and his depart-
ment belong all matters of education, and there are also a Trea-
surer and Comptroller, and that to them and their departments of
the government belong the management of finances. Let these
officers and assistants provided for by the laws, attend to the
duties belonging to them; and their duties should not be inm-
posed upon our Executive. Unless officers are required to per-
form their own duties, and particularly if other officers are to be
burdened with their duties, how can any officer be held respon-
sible for his own duties ? I have an abiding confidence in the
willingness, ability and intention of the Treasurer, Comptroller,
Superintendent of Public Instruction, and the Trustees before
alluded to, to perform their respective duties.
GEomnR: P. HANY.
On motion, the Assembly took :a recess until 4 o'clock,

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
A quorum present.
Assembly Bill No. 6, to be entitled An Act in relation to the
Collectors and Receivers of Taxes of the State of Florida,

45

Was read the second time and ordered to be engrossed.
Under a suspension of the rule, Mr. Walker, of Leon, intro-
duced the following bill :
A bill to be entitled An Act relating to the Finances of the
State;
Which was read a first time, and referred to committee on
Finance and Taxation.
There being no objections, Mr. Scott, of Duval, was allowed
to introduce the following :
A bill to be entitled An Act to incorporate the Jacksonville
Fire Engine Company;
Which was read the first and second times.
Under a suspension of the rule, ordered to be engrossed.
The rule being waived, Mr. Green, of Manatee, was allowed
to offer the following resolution :
Joint Resolution relative to establishing a Custom House and
making a Port of Entry and Delivery at Charlotte Harbor;
Which was read and adopted.
Also, the following :
Joint Resolution relative to establishing a Mail Route;
Which was read and adopted.
Under a suspension of the rule, the following report was re-
ceived :

IHox. M. L. STEARNS, Speaker of the Assembly :
The undersigned, members of your Select. Committee to
whom was referred Assembly Bill No. 7, which repeals the two
hundred thousand dollars appropriation of eight per cent. cou-
pon bonds of the State for improving the channel of the Apa-
lachicola River, made at the last session, respectfully recom-
mend that said bill do pass.
Such an enormous expenditure of the bonds of the State at
this time would greatly increase the burden of the people, if the
payment of the interest is to be met by taxation, and if the
payment of the interest were not thus provided for, would ef-
fectually prevent the restoration of the State credit.
Very respectfully submitted.
SAEMUEL WALKER,
F. N. B. OLIVER,
FlIEDEmICK HILL.

Was read.
The bill taken up, read the second time.
Mr. Fortune moved its indefinite postponement ;
Which was not agreed to.
The bill was ordered engrossed for a third reading on to-
morrow.

46

In pursuance of an order of the Assembly, the following re-
port was received:

Hon. M. L. STEARxs, Speaker of the Assembly:
The committee, to whom was referred a bill to be entitled An
Act Authorizing a Tax for Schools, beg leave to make the follow-
ing report: That having had the same under consideration re-
spectfully recommend its passage with the following amendment:
Strike out the first section, and substitute the following in lieu
thereof:
Each board of county commissioners shall annually levy and
collect for school purposes a speci.i lax of one-fifth of one per
centum upon all taxable property of the county, together with
such additional amount as the Board of Public Instruction for
the county may require, in order to establish and maintain, inde-
pendently of State aid, free schools during not less than three
months of the next following scholastic year, together with any
deficiencies that may have occurred in the school moneys of the'
current year; .Provided, That the total amount of said tax shall
not exceed one-half of one per centum of the assessed value of
the taxable property of the county.
.liciiAI:n H. BLACK,
Chairman of Committee.

Was read.
Mr. Hatmon moved the adoption of the substitute offered by
committee;
Upon which motion the yeas and nays were called for, and
wvle :
Yeas-Messrs. Bogue, Black, Cox, DeLany, Erwin, Fortune,
Graham, Harmon, Harris, Hill, Hodges, Lee, Mills, Moore of Co-
lumbia, Osgood, Pens, Robinson, Scott, Simpson, Thompson,
Walker, Wells, and White-23.
Nays-Messrs. Cheshire, Keene, McKinnon, McMillin, Moore
of IHillsborough, Oliver, Raney, Stewart, and Urquhart-9.
The substitute was adopted.
On motion, under a suspension of the rule, the bill, as amended,
was read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Bogue, Black, Cox, Cruce, DeLanv, Erwin,
Fortune, Graham, Harmon, Hlarris, Hill, Hodges, Lee, McMillin,
Mills, Moore of Columbia, Osgood, Pons, Robinson, Rodgers,
Scott, Simpson, Thompson, Walker, Wells, and White-26.
Nays-Messrs. Cheshire, Keene, McKinnon, Moore of Hills-
borough, Oliver, Raney, Stewart, and 'rquhart--S.
The bill passed, title as stated.
The following message was received from the Senate:

47

SENATE CHAMBER,
TALLAHASSEE, Fla., June 2, 1870.
Hon. M. L. STEANS, Speaker of the Assembly :
SIm: I am directed by the Senate to inform the Assembly that
the Senate has passed Senate Bill No. 9, An Act to re-enact An
Act entitled An Act to Incorporate the Pensacola Wharf Com-
pany. Very respectfully,
CHAS. MUNDEE,
Secretary of the Senate.
Was read, and the bill placed among the orders of the day.
Also, the following:
SENATE CHAMBER,
TALLAIIASSEE, Fla., June 2, 1870.
Iox. M. L. STEANS, Speaker of the Assembly:
Sm: 1 am directed by the Senate to inform the Assembly
that the Senate has passed Assembly Bill No. 2, An Act to Al-
-ter and Amend An Act, approved January 28, 1870, entitled
An Act to Perfect the Public Works of the State, approved
June 24, 1869. Very respectfully,
CHAS. ML-NDEE,
Secretary of the Senate.
Was read.
The bill ordered to be enrolled.
The following communication was received:
To the Tlon. the Assembly of Florida :
IN THE MATTER OF TIIE IMPEACHMENT OF TIIE HONORABLE
JAMES T. MAGBEE, JUDGE OF TIE SIXTH JUDICIAL CircuIT,
The respondent, James T. Magbee, applies to the Hon. the
Assembly of Florida for the purpose of,
First, Diminishing the expenses of the State in this trial;
Second, To speed the case;
Third, That impartial justice may be had between the State
and the people.
That the following sworn statements on behalf of the respond-
ent may be admitted by the managers to be introduced as evi-
dence before the Court of Impeachment on the part of the re-
spondent, the originals of which, after being read and spread up-
on the journals of the Assembly, the respondent prays may be
returned to him, which saidoriginals are herewith presented, so
that the Assembly may see that they have been sworn to ac-
cording to law, and are the affidavits of the parties, the re-
spondent deeming it due to the Assembly to lay before them
the originals instead of copies.
The following papers, to-wit:

No. 1.
The Certified Copy of the Head of the Hillsborough Circuit
Court at its Fall Session, so far as relates to the Proceeding for
Contempt vs. William B. Henderson:
SATUDAY, 31, 1868.
STATE OF FLORIDA vs. WILLIAMr B. HEXDErSON.-Fine for Con-
tempt of Court, $100.
The defendant being brought before the court by the sheriff,
and making his defense in person and by counsel, and the court
taking time to consider of the same, after full consideration of
the same, the court is of the opinion that it was the deliberate,
wilful, and malicious intention of the defendant to slander and
traduce the character of the presiding judge of this court, while
presiding and holding his court in the city of Tampa, by the
publication of the matter contained in the paper on file in this
cause, and that it was for the purpose of bringing this court into
contempt among all good citizens.
Therefore it is ordered and adjudged by the court that the said
defendant for said contempt do pay to the State of Florida the
sum of one hundred dollars, and that a capias do issue against
the body of the defendant, and that the same shall have in addi-
tion the force and effect of a fieri ;,';.,., and shall contain the
clause or substance thereof usually contained in such writs, and
may be levied upon any property, real or personal, not exempt
from levy under execution, as provided by law, of the said de-
fendant herein adjudged to pay, and the defendant in mercy,
&c.
ST'AE, op FLORIIA,
Hillsborough county.
Thi., is to certify that the within is a true and correct tran-
script of the record of a judgment, wherein the State of Florida
was plaintiff, and William B. Henderson was defendant, in a
case of contempt of court, at Fall term of circuit court of Hills-
borough county, A. D., 1868. Also, I certify that the Fall term
of said court commenced on 19th October, A. D. 1868, and that
said judgment was entered on the last day of said term.
31. P. LyoNs,
Clerk Circuit Court.
No. 2.
The Affidavit of Matthew P. Lyons, Clerk of the said Circuit
Court:
STATE OF FLORIDA, !.
County of Iillsborough. ss
Personally appeared before the undersigned, a justice of the
peace in and for the county and State aforesaid, M. P. Lyons,

49

who being by me duly sworn, says that the charge made against
Judge James T. Magbee, accusing him of having attempted to
influence the said 31. P. Lyons to be guilty of a fraud in draw-
ing the grand and petit jurors for said county and State aforesaid,
by not placing on the list certain names, if drawn, and by placing
certain other names in their stead, is without foundation; and lie
further says, that the said Judge James T. Magbee has never in-
structed him to do other than his duty; and he further states,
that the paper containing the article for which William B. IIen-
derson was fined as being guilty of contempt of court, was pub-
lished during the sitting of court. 1. P. LYros.
Sworn to and subscribed before me this 7th day of March, A.
D. 1870. CHAR1LES ARros,
[SEAL.] Justice of the Peace.
No. 3.
The Aftidavit of Samuel C. Craft, Esq., Attorney and Coun-
sellor at Law:
KEY WEST, Fla., April 27, 1870.
Ilon. Jamnes 7: Jlagbee, Judge Sixth judicial Circuit, State of
-Florida:
DEAn SIR : Yours of 15th uist, was handed to mebefore I left
Tampa, but the condition of my health prevented my attention
to the subject till the present. You well remark that, As a mem-
ber of the bar you have been more closely associated with me,
since my judgeship, than any other person of the circuit. In fact
you know more of my acts and doings than any other person in
the circuit." I believe this is not only strictly true, but I think
I may remark further, that I know more of the motives upon
which those "acts" were grounded than any other person.
From the dark days of 1861, when I came to Tampa seeking
health, though I brought no letters of introduction to you, as I
did to some other prominent characters of-that place; yet, on
my first introduction to you, you seemed to recognize one before
you whom you could trust. Consequently, whilst I had to work
myselfinto the confidence of others, I enjoyed yours voluntarily
from the first. The reason of this confidence and social inti-
macy it is unnecessary for me here to advert to; suffice it to say,
that politics had nothing at all, whatever, to do with it, as you
will very readily remember my remark to you when I first called
upon you, after your appointment as judge, and arrival at Tam-
pa; which was : That I congratulated you, not because Gov.
Reed had appointed you judge of the circuit, but that I trusted
my Heavenly Father had made you one of his children;" and
assured you, as I could from my own experience, that if you lived
up to the profession you had made, you would not only be a
much happier,' but a more useful, man in life than vou had ever
4

.50

been before. The candor and interest thus manifested, on my
part, for your best and highest interests, I suppose, gave you as-
surance that the communication of the feelings and views of your
own bosom would be safely lodged in mine; so that I feel as-
sured I have often been in possession of your motives, whilst
others have been permitted to look only upon your acts.
You well remark, too, that, "life is uncertain," and conse-
quently desire a fair and candid statement from me in reference
to the various specifications made in your impeachment. To
me, this remark is most emphatically true. Life, with any one,
under the most favorable circumstances, is extremely uncertain,
but with me, settling here as I have done, at this season o' the
year, when the yellow fever is liable to be brought every U!\:.
and where four ministers, under like circumstances, fell beir',:
the Destroying Angel last summer, life, with me, seems sus-
pended upon a very little thread, and consequently what I shall
pen in the following answers will be done, as it were, in full view
of Eternity's realities and responsibilities.
To your interrogatory : 1. Examine the articles of impeach-
ment and answer what you know of the truth or untruth of each
one of them?"
I answer : The first specification which I find is in reference
to your imposing a fine upon William B1. Henderson for con-
tempt of court, at the Fall term of Hillsborough circuit court,
1868. The facts in that case are substantially these: On
Wednesday night of thefirst week of said term, the Republican
party of Iernando, Hillsborough, Polk, and Manatee counties,
by previous appointment, held a meeting at the court house in
Tampa, at which, as I learned afterwards, for I was not there
myself, you were present, and by special request made a speech.
A correspondent, through the columns of the Peninsular, pub-
lished it on the following Saturday, which was the first Saturday
of the term of the court. The court is held two weeks for Hills-
borough, and of course it was during the term of the court.
This correspondent, who afterwards proved to be William B.
Henderson, misrepresented your remarks, as Iheard asserted af-
terwards by some Democrats, who seemed to speak as though
they hlid been present and heard for themselves. As soon as I
read the communication, I regretted its appearance, and remarked
to a friend present that it was just calculated, and doubtless so
intended, to stir up strife, and kindle afresh the flames of dis-
cord, which I had so ardently desired to see forever buried.
Believing that you were aware of a formidable combination to
oppose your judicial authority, and to avert the administration
of justice, and knowing your views of judicial prerogatives, I ap-
prehended at once that you would strike from the roll of attor-
neys the editor of the Peninsular, unless he gave up the author

51

of the piece, which, at that time, I had no idea that he would do.
Hence I determined to have a private interview with you, and
endeavor, if possible, to avert the doom which I feared awaited
the editor. Before doing so, however, you were taken down
very ill with fever, and until the following Thursday (I think it
was) you were not in a condition to converse on any business
matter. So soon as I found your fever had abated, I called upon
you to ascertain, if possible, what course you intended to take
in the matter. You took the ground that this was but the first
development of a wide-spread and deeply laid plot to destroy
your judicial influence, and thereby to defeat the ends of justice,
and consequently was such a contempt of court that you could
not permit it to pass; that if this act was permitted to go un-
punished, it would soon be followed by others; and that you
had to meet it, or else the country would have to go back under
military rule. I replied, by conceding the fact, that there was
a widely extended and deeply laid scheme to thwart all your ef-
forts to execute the laws, and to bring offenders to justice; but
I asked the question: Would it not be better to give the par-
ties loose rein for awhile, until their acts had become so glaring
as that all honest men would be compelled to applaud the act of
their punishment ?" I did this honestly and sincerely to avert,
if possible, the issue at that time, hoping the future, by delay,
might bring forth something more favorable. You replied in
substance: "That you were not sent on the circuit to gain pop-
ularity, but to execute the laws, and the surest way to prevent
fruit was to clip the bud." I then desisted, and ascertaining that
you intended to try to go on the bench next day, Friday, I
made an excuse to leave for Bartow early next morning, as I did
not wish to witness the affair, as I was very apprehensive resistance
would be offered. Such were my fears on this point, not being
able to hear anything from Tampa at Bartow, I left there after
supper, at night, and rode all the way home, over forty miles,
that night, on a blind horse.
In regard to the removal of certain jurors from the regular
panel of grand jurors and filling their places with two from the
regular panel of petit jurors, at the fall term of the circuit court
for Hernando county, 1869, referred to in the second bill of
charges, I will state, to the best of my recollection, and having
some important murder cases to defend in that court, of course
I was keenly upon the alert to note any irregularity, in order to
take advantage thereof, if necessary to save my clients. When
the regular panel, both of grand and petit jurors, had been regu-
larly called, several of both panels made excuses. .The court
then read the law in reference to the ... ,'' ..1 1 of jurors, and
some, I think, of both panels, coming within the purview of ex-
ceptions therein contained, were accordingly excused by the

52

court. The sheriff was then ordered, by the court, to fill their
places with good and lawful men, summoned from the body of
the county. The sheriff made some remark about the absence of
his deputies, and the difficulty of getting such jurors as the court
had instructed him to get. The court remarked, to the best of
my recollection, that there were a number of gentlemen in the
court room, out of whom, doubtless, lie might make up the requi-
site number. To the best of my recollection, the sheriff asked the
court if any of those who had been excused from the petit jury
could be summoned on the grand jury ? I think the reply of the
court was : If they do not object thienm.wls, of course they can
serve; but having been once excused upon legal grounds, they
cannot, be compelled to serve. Immediately the sheriff called
the name of M. 31. Edwards and Cli -1. \ D. Hill-to the best of
my present recollection, Hill was the other-as takenanm to
serve on the grand jury. Mr. Edwards, I am satisfied, had just
been excused from serving on the petit jury upon legal grounds,
but when summoned and called into the grand jury box, did
not, to my recollection, ask to be excused, and was appointed
foreman by the court and sworn accordingly.
I well remember that shortly after the empannelling of the
juries, a member of the bar, who also was engaged in the de-
fence of a murder case, remarked to me that we must examine
this question-alluding to the above transaction-in order, if
possible, to make it available to our clients. I think I remark-
ed in substance, that we must not let our cases get to that des-
perate point. If they did I should have but little hope for
them.
With regard to the third article of impeachment, not knocwinq
anything about it, I can say nothing, only from inference.
During the last year, Mr. Lyon's office and mine were adjoining
each other in the court house at Tampa. We spent a great deal
of our time iin each other's offices. Our conversations were fre-
quent and unreserved upon all the various topics of the day.
Among all the rest, your official acts and doings were frequent-
ly referred to, and freely criticised ; but not a syllable did Mr.
Lyons ever drop in my presence in reference to the specifications
in that 3d article. If the assertion in that article had been true,
I am satisfied it would have come out at some of our free and
unreserved conferences.
Aith regard to t\he fourth article, I would pass over it in ut-
ter silence; but I have lived long enough, and have seen
enough of the world, to convince me that some men can bring
themselves, by their prejudices, to believe anything they want
to. This charge alone is proof positive of that fact. I /ko,'
this charge to lie false and groundless, both from positive and
inferential facts.

53

In the first place ; when I started myself to court at Brooks-
ville, I took with me a large supply of good smoking tobacco;
and as we were boarding at the same house, and as I considered
mine a much better article than yours, I insisted on your using
out of mine, which I believe you did the greater part of the
time we were there. As to "pipes," I am satisfied you left
there with the same pipe which you carried with you, as you
used the very same at the Whitfield place," where we staid over
night on our return home. In connection with this I will re-
mark further, that after you left your pipe at the boarding
house, when you went down to the court house, and as I wTs
writing up the records for the clerk, and often had to be up
till one and two o'clock at night, and frequently needing your
assistance to enable me to make up the judgments of court cor-
rectly, you generally staid with me till I got through; and your
own pipe being at your room, you frequently had to borrow
mine when you wished to smoke; so one night Mr. McMinn, the
clerk, went out and soon returned with a new pipe and some to-
bacco, as he remarked, for the use of the court." Next day,
I think it was, some person came into the office; it was one of
the members at the bar, I think, and seeing the new pipe, asked
whose it was ? or made some remark substantially to that ef-
fect, to which Mr. McMinn, the clerk, replied, I bought that
pipe and tobacco for the use of the court."
With regard to the charge that you did purchase sundry
pipes, tobacco, envelopes and other articles of great value from
Messrs. Edrington and Wall," for your private use, and direct-
ing them to be charged in their bill of stationery to the State,
I am satisfied is incorrect, from the following facts : At the
closing up of the court, the bill for stationery of Messrs. Ed-
rington and Wall was presented for your approval. You ex-
pressed your astonishment at its amount, and declared you
would not approve it, unless sworn to by Mr. Wall, the sur-
viving and acting partner of the firm. You then called upon
the clerk to know why all that amount of stationery had been
purchased ? He replied that the -!,. itr had made the pur-
chases. You then called upon the sheriff and ordered him to
make diligent search in every office in the court house, and to
bring before the court all the articles that had been purchased
for the use of the court, that still remained on hand, declaring
at the same time, that you should hold him to a strict account
at the next term for every article not used at that term, re-
marking in substance that this was a leakage in State ex-
penses which you felt it to be your duty strictly to look to.
Soon after this, I was in the store of Messrs. Edrington & Wall,
and Mr. Wall called me round to where he was at his counting
desk, and holding the account in his hand, remarked that it

54

was very hard that he should sell stationery to the State at the
same prices as he sold them to his regular customers, and re-
ceive pay in State scrip, which was worth only about 75 cents
in the dollar ; and said he thought the judge was too strict and
rigid about it, in requiring him to swear to the account. I
glanced over the account which he had handed me ; I saw no
articles of the classes mentioned in the 4th article of impeach-
ment, charged in the account; and I am fully satisfied, from the
excited state of iMr. Wall's feelings at the time, that if there
had been anything in that statement, he would have mentioned
tFe fact in :;,,- r,. ,'..... and to the condemnation of the
court.
With regard to thefifth and last article of the Impeachment,
I can only say, that I acted as Assistant State Attorney" at
that court, and, as remarked in the outset of this communication,
being permitted to enjoy the confidence of the court, I believe
I understood all your views in reference to the putting down of
the lawless disorders that had so fearfully prevailed in Manatee
county ever since the surrender, and bringing the county again
under the power of the civil authority. The case of Irene J.Tn-
kins was a very notable outrage upon the feelings of every vir-
tuous female in the county. Being arraigned and tried upon
indictment, the jury did not agree, James D. Green influen-
cing one other juror to refuse to find her guilty, although as I
thought then, and still think, that the testimony was amply suf-
ficient, and could not well have been stronger. I obtained the
above facts from some of the other ten jurors, who were in favor
of conviction. Being arraigned afterwards on another charge
and indictment, her counsel saw proper for her to plead guilty,
and throw herself on the mercy of the court. I have just said
above : "Her counsel saw proper for her to plead guilty." I
base that assertion upon what one of her counsel, Mr. Mobley,
remarked to me, when I arrived at the court house on tlhe sec-
ond Monday of the court, having leen absent from the previous
Friday; and on inquiring of Mr. Mobley how those cases were
getting along, referring to the Irene Jenkins and Cre\vs cases,
he said in reply in substance: That he had finally got Mitchell
to consent that the parties should plead guilty; that they were
satisfied it was no use to persist in a defence, the facts were too
plain." As to you persuading, or even intimating that such a
course would induce the c:ercise of leniency on your part, is to
my mind simply ridiculous. I know your views of that case
too well; and I know, too, if such had been upon your mind, it
would not have been withheld from MIr. Stickney, the State
Attorney, and myself. In sentencing her to the Penitentiary,
the court did but enforce the very law which Mr. James 1).
Green and one of her counsel, Mr. C. R. Mobley, had, as mem-

55

bers of the Legislature, aided in inaugurating and establish-
ing upon the statute book of our State. After she had plead
guilty, the court had no recourse, no discretion whatever, left.
The law had said positively, that whosoever was found guilty
of that offence should be sent to the penitentiary. The time, of
course, was left discretionary, a matter of judgment. If you
erred in this, it is no more than the very best of men are liable
to. I thought myself, at the time, it was very reasonably
short.
In reference to the case of Lewis M. Jenkins, it need only be
stated that, although it was a similar offence," yet the indict-
ment against him had to be brought under the old statute, and
consequently, was then only a misdemeanor, punishable by fine
or imprisonment. I did think, at the time, that his fine was
unreasonably severe, taking all the circumstances connected
with his case into consideration, but which I deem unnecessary
to recur to here.
Thus I have gone through, I believe, with all the specifications
in the articles of impeachment. I will therefore address myself
to your second query, viz.: "What is the result of your ob-
servation of my general or special deportment as Judge of
the Circuit Court ?" In answer, I remark that your "deport-
ment as judge" has been frequently a source of controversy be-
tween myself and others, who found fault with your rigid, and,
as some are pleased to express it, "crabbed" deportment as
judge. These objections, or fault-findings, have generally been
on the part of the officers of the courts, whose conduct you have
rigidly scrutinized, or jurors and witnesses, whom you have had
to punish for want of punctuality, or attorneys, whom you have
necessarily, sometimes, been compelled to rule against. In meet-
ing their various objections thus urged, I have often recurred to
my own course as a school teacher; that I had always made it a
practice, on opening a school in a new place, with a new set of
scholars, to draw the reins of discipline very tight at first, until
I got them all broken properly into harness, and then to relax as
the school would bear it. This, I have told many, I had no doubt
was your plan. That I had heard you often remark upon, and
regret the loose manner in which the judiciary had been con-
dcited in this circuit, and that I had no doubt when you had
got all the machinery of the judiciary properly regulated and
properly at work, that you would relax, and become as mild
and lenient as any officers of court might wish. I was fully sat-
isfied, and often expressed it before you came on the circuit,
that a radical change and reformation in this respect was act-
ually necessary in this circuit. This change you had commenced,
and would doubtless soon have consummated, had you not
been thus arrested in your laudable efforts. This brief reply to

56

your second query, I think, will prove more satisfactory than a
more extended expression of my own views, based upon my
own judgment and observation, with regard to the intrinsic
merit or demerit of your conduct as judge.
17ird Query. Have you discovered any partiality or op-
pression in me since my judgeship ?" To this I answer emphat-
ically, No; because I know that you have sometimes ruled
against myself as an attorney, when I am sure, if you could consci-
entiously and impartially have done so, you would have favored
my cause. Instance but a single case. At the fall term of the cir-
cuit court for Hernando county, in 1868, I ha'd brought before
you, on a writ of habeas corpus, the parties charged with the
murder of Marcus Brendht, with the design of getting them ad-
mitted to bail, there being no jury for that term of the court. Af-
ter a long and tedious examination of witnesses, and argument of
counsel, you refused to admit them to bail, but ordered them to
Ocala jail. In the heat, excitement, and discussion of the case,
I did think, at the time, that you ought to have admitted them
to bail; but after getting home, and coolly reviewing the testi-
mony, I was satisfied that you could not have done otherwise
than as you did.
To the first clause of your fourth query: State what you
know of a disposition here of some persons to oppose the admin-
istration of law ?" I reply, that perhaps there is no one single,
tangible point upon which I could safely base an answer. That
there did exist such a disposition," I am satisfied. This fact was
fastened upon my mind, however, more from the general current
of expressed feeling than from any one iidicidually expressed de-
termination. I did, however, more than once, aud'fiom more than
one individual member of the bar, hear the assertion, apparent-
ly confidently made, that no conviction of any criminal, how-
ever guilty, should ever be had in Hlillsborough county under
the administration of a Radical judge. This confidence seemed
to be predicated upon the idea that no jury could be cmpaninel-
led but that there would be at least one or more Democrats on
it who would not recognize the binding force of a Radical con-
stitution and the laws enacted under it. The position was boldly
assumed that no oath taken under the State constitution was
binding. I know I was often struck with astonishment, and
frequently expressed my horror at the rapid downward tendency
of our morals as a people, indicated by such doctrines. The ob-
ject of the above, as I understood it at the time, was not only
opposition to the constitution and laws, but thereby to com-
pel the Governor to displace any objectionable judge he might
send on the circuit, and to send one less objectionable to the bar
and people.
You ask me, also, to state what occurred in Hernando conn-

ty in relation to colored jurors, and how did I demean myself in
upholding the law? DidI exercise any firmness, and what was
the result? State particularly." On the Sabbath before the
commencement of the spring term of Hernando circuit court,
by previous appointment, I held services in the Baptist church at
Brooksville, at 11 o'clock, A. tr., and also at night; and at 3 o'clock,
P. Mr., I held services at the colored Baptist church, and again one
night during the week, I preached at the colored church. Last
Fall I got to Brooksville on Friday before the court opened on
Monday. Desiring to spend the Sabbath as profitably as possi-
ble, I gave out an appointment to preach again, as I had before
when there; but my congregation at the white church being so
very small, I could not account for it, and expressed my sur-
prise to one of the members. He candidly remarked to me, that
" the people there did not care to go to hear a man that would
preach for niggerss" I then ascertained from him that there was
.a very excited state of feeling between the two races in that
-county. There had been, previous to this, two colored men ar-
rested, charged with the murder of a white boy; and these had
been taken by force out of the hands of the officers at night,
carried "to a distance, shot, and cut all to pieces with knives,
their bowels ripped open and taken out, and then thrown into
a sink hole. I learned from the above individual that it was the
purpose of the white men of the county to screen the perpetra-
tors of this deed at all hazards; thatin order to do so, they had
determined that no negro should serve on the grand jury, so as
to prevent any "true bill" from being obtained by the parties.
On Monday forenoon, I observed a good deal of excitement in
the countenances of many of the leading citizens. And as you
will remember, perhaps, in opening the court by prayer at
a Throne of Grace, I touched upon that point, though as deli-
cately as possible, and invoked the interposition of God's Di-
vine favor in the premises. When court adjourned for dinner,
a gentleman who has always stood. high in my estimation-
among the most prominent citizens of the county-came to me,
and in a very excited state of feeling, remarked: "We have had
a consultation, and determined that the negroes shall not sit in
the jury boxes, and we have pitched upon you to make a motion
to the court this evening to have them all expelled from the
jury." I looked straight into his eyes, and asked him if he
wanted to see me sent to jail ? I told him if I were to presume
to make such a motion,I should be in contempt of court, because
I should ask the court to violate the oath he had taken to sup-
port the constitution, and enforce the laws made under it, both
of which recognized colored men as gobd and lawful jurors ; and
consequently, the court would do right to send me off, at once,
to jail; hence, I begged leave to be excused. A remark was

made just about that time, either by this gentleman, or some
other standing near, (I don't recollect now,) to the effect: We
will gather a crowd, then, and sweep the court house of these
negroes ; they have no business here; they had better be in the
cotton field, where they belong." As I passed through the ex-
cited crowd, I was frequently stopped, and I made several at-
tempts to reason with them upon the subject ; but finding both
reason and argument out of 'the question, I passed on to my
boarding house to dinner. I found that you were already ac-
quainted with the state of affairs ; but to my astonishment, you
seemed to be calm, and to apprehend no serious result. Vlhen
time for court to convene came, you started down to the court
house, occasionally meeting an old acquaintance, with whom
you stopped and conversed a few minutes, as though you were
entirely ignorant of the state of affairs around. You went upon
the bench, and ordered the sheriff to announce that court was
in session. As this was one occasion on which vou had given
me no intimation as to your intended course, I was keenly upon
the alert, watching your own movements as well as those of the
leaders of this affair. I saw them, too, closely watching your
every movement. They 1new that you were apprised of the
matter, and, like myself, doubtless, were expecting some order
or some step on the part of the court, which I then believed, and
still believe, they intended to use as a pretext to bring on a col-
lision. To their utter disappointment, and ino doubt chagrin,
and to my own astonishment and agreeable surprise, the court
proceeded to take up the regular business of the court, thereby
throwing the entire ones of responsibility upon them to take
the initiatory step.
This cool deliberation doubtless frustrated and baffled their
whole plan, and saved the county from destruction. This was
one occasion, I must confess, when my own faith and confidence
gave way to my fears. I knew the step, once taken, must neces-
sarily lead to the most fearful results to that county, to carnage,
to bloodshed, and destruction. I thought then, and still think,
that your coolness and firmness, more marked on that trying
occasion than I had ever seen it before, saved the county. And
I am happy to state that the affair all soon calmed off, and be-
fore the final adjournment of the court, I saw some of those very
leaders take their seats, apparently cheerfully, in the jury box
alongside of a "black nigger," as they had pleased to term
him, without even a sniff" at his odor.
To your ,/lfth query: "Did any one say that if a Radical
judge was sent here, that. his administration would be opposed?
If so, who were they ? Please name them ?" I can say no
more in reference to that, than this: I did once hear a promi-
nent member of the bar say (this was before any appointment

59

was made) that if Governor Reed sent any of his Radical pets
down here, he would keep him in such hot water that he would
be glad to get away before he got half round the circuit. The
name of this individual, as it could not do any good now, I do
not see proper to give, unless placed in a condition in which I
am compelled to.
Sixth: State every particular circumstance, either for or
against me, as I desire that nothing but truth and justice pre-
vail." Having stated so fully and lengthily, under the different
heads, I have nothing further to state under this item.
In conclusion, I will now stato that the foregoing statements
are made from my present recollection of the facts as they oc-
curred. It may be possible, that after having had other facts
brought to mind in connection with those stated, that by asso-
ciation, my recollection may become more distinct, and I may
desire to change, in some respects, some of the statements now
made. As I never expected to be called upon to review the va-
rious transactions referred to, I did not, at the time of their
transpiring, note them so carefully as to fix then all distinctly
and indelibly upon my mind. But at present I do not think
I am mistaken as to any material fact stated.
This day personally came before me Sam. C. Craft, who, af-
ter being duly sworn, deposeth and says: That the facts set
forth in the foregoing statements are true and correct, to the
best of his present recollection and belief, reserving to himself
the privilege, that if, hereafter, any fact in connection with those
set forth above, should so refresh his mind by association as to
make any alteration necessary, to have the privilege of doing so.
SAMr. C. ClAFT.
Sworn to and subscribed before me this thirtieth day of April,
A. D. 1870. J.ls. W. LocKE,
County Judge Monroe County, Fla.
No. 4.
The affidavit of William II. Smith, sheriff of IIernando county:
STATE OF FLOrIDA, )
Hernando County. ss.
Personally appeared before the subscriber, one of the jus-
tices of the peace in and for said county, WWm. H. Smith, slier-
iff of Hernando county, who, after being duly sworn according
to law, says: That he is the only person who has purchased
stationery for the use of the circuit court in Hernando county,
since Judge James T. Magbeo has been the presiding judge of
said circuit, and all stationery bills were first sworn unto as be-
ing true and correct by the parties of whom the articles had
been purchased; and knows positively that Judge James T.

6O

Magbee has never authorized him to make any purchase of
pipes, tobacco, or any other property for his own private use,
and to have the same charged to the account of the State. That
Judge .Tames T. Magbee has never instructed me, in the getting
up of any special venire or talesman at any time, to use par-
tiality in selecting them; but Judge James T. Magbee has al-
ways instructed me to get good, lawful, sensible, and impartial
men, without any distinction to race or color.
At the last term of the court, two grand jurors asked to be
excused from serving as grand jurors, who were excused. A
special venire was issued to complete the panel of the grand
jury.
The judge instructed me as before stated. I reported to him
that I could not get good and lawful jurors without taking
them from the petit jury, unless I had time to go out into the
country.
Two of the petit jurors asked to be excused. They were ex-
cused. I then summoned them to serve as grand jurors, and
they did so serve.
I never saw any disposition on the part of the judge at any
time to pack a jury. The last term of court held for two weeks
and three days, and was in session every day, Sundays except-
ed, and continued its sessions nearly every night to a late hour.
The members of the bar, the clerk who took the testimony,
and the grand jury, all used a large quantity of )paper. At the
close of the court, I presented the stationery bill of Edrington
& Wall to Judge J. T. Magbee, for his approval. lHe com-
plained of the amount. He examined, to satisfy himself wheth-
er the paper had been used in the business of the State. lie
handed the bill back to me for Edrington & Wall to swear un-
to, the judge saying lie would approve it when so sworn unto.
They did swear to it, when I carried the bill back to the judge,
who then approved of it. Said sheriff, W. H. Smith, says that
he has no hesitation in saying that article fourth in the impeach-
ment of said judge is false. I have thought very hard several
times of said judge in his being so tight in scrutinizing my ac-
counts. W.M. !i. SuIT'rl, Sheriff.
Sworn to and subscribed before me this 4th day of March,
A. D. 1870. hITENV ROW\N'T:E,
Justice of tle IPence.
No. 5.
The Affidavit of William L. MeMlinn, Clerk of Hernando
County.
STATE OF FLIo:D., )
Hernando County. s.
Personally appeared before the subscriber, one of the justices

01

of the peace of and in said county, William McMinn, who,
being duly sworn according to law, says he is now the clerk of
said county court, and also the clerk of the Sixth Judicial Cir-
cuit Court of county of Hernando, and that he has been the
said clerk of said circuit court all the time that his honor Judge
James T. Magbee has been the presiding j dge of said circuit;
and says that he has heard the said judge caution all unneces-
sary expense, and recommend care to be exercised in great
economy in the purchasing of stationery. He has no knowl-
edge of Judge Magbee's authorizing the sheriff or any one else
to purchase anything for private use, and to have the same
charged to the State. He further says, that from his knowledge
of the said Judge Magbee's proceedings personally, lie does not
believe that Judge Ilagbee ever did authorize any one to pur-
chase anything for private use, and he says that said Judge in-
structed him to take care of the stationery which might be left
on hand at the close of the term of court, take an inventory of
the same, and present it at the opening of next ensuing term qf
court. This was the uniform practice of every term of court.
He also says, I never knew Judge Magbee to buy any station-
ery for the use of said courts.
WH knows from the records of said court that Luther A. Mar-
tin and Chesley D. Hill were excused from serving as petit ju-
rors, and were afterwards summoned by the sheriff as grand ju-
rors.
He never saw anything in Judge Magbee's administration in
his whole course that would induce him to believe that Judge
Magbee ever designed to pack any jury.
WILLIAM L. McMixii,
Clerk of the Circuit Court.
Sworn to and subscribed before me this 4th day of March, A.
D. 1870. HENrY O ROWNTREE,
Justice of the Peace.
No. 0.
Affidavit of William M. Lang.
STATE OF FLOUIDA, )
Hernando County.
Personally appeared before me, Henry Rowntree, Judge of
the County Court for said county, William M. Lang, who being
duly sworn, says: That he heard W. W. Wall say to Judge
James T. AMagbee that lie, Judge Magbee, had never bought
pipes, tobacco, or any other article for his private use from Ed-
rington & Wall, and had the same charged to the State, nor had
he knowledge of any one, by authority of Judge Magbee, buy-
ing any article from Edrington & Wall for Judge Magbee's
private use, and had the same charged to the State.
WiTUIA,r,.Nr M. LANG.

62

Sworn to and subscribed before me this 2d day of April, A.
D. 1870. IIHIxnv RoWNTRIEE,
County Judge.
No. 7.
Affidavit of Henry Rowntree:
STATE OF FLOEIDA,
Hernando County. f
Personally appeared before the subscriber, a clerk of the cir-
cuit and county courts in said county, Henry Rowntree, who be-
ing duly sworn according to law, says that he is nearly sixty
years of age, that for t\ ntv-five years he resided in the city of
New York, in which place hlu was often in the courts as a jury-
man; that he has been in courts in several States since the war;
that lie has been a witness at three successive terms of the cir-
cuit court of the 6th Judicial Circuit in Brooksville, Hernando
county, where his Honor, Judge J. T. Magbee, was presiding
judge; that the dignity and order of said court was equal to
"what he has witnessed in the Northern and other States; that
he never witnessed any impartiality in the administration of the
duties of said court by the said judge.
HEI-NY IlOWNTHREE.
Sworn to and subscribed before me this 5th day of [March, A.
D. 1870. W1LLIrA L. MCeMiXX,
Clerk of the Circuit Court.
No. 8.
The Affidavit of Zachariah Seward:
STATX] OF FLOuIDA,
IIernando County.
Personally appeared before the subscriber, one of the justices
of the peace in and for said county, Zachariah Seward, who be-
ing duly sworn according to law, says, that at the Fall term of
the circuit court of the 6th Judicial Circuit of the State of Flori-
da, held in lBrooksville, Hernando county, lie sold Judge James
T. MAagbec some tobacco, for which he paid me cash ; that lie is
now and has been for some time past selling goods at Brooks-
ville, and that said judge has been in the practice of putting up
at my house during the time of his holding court. I have never
seen anything in him which would cause ime to believe he could
purchase anything for his own private use, and have the same
charged in any account of the State.
ZAuCIIAIuaI i SEWARD.
Sworn to and subscribed before me this 5th day of March, A.
D. 1870. HENIRY ROWNTI:EE,
Justice of the Peace.

03

No. 9.
Record of Hernando Circuit Court, Special Term, 1869, as to
Juries :
MONDAY, September 27th, 1869.
THE SIXTH JUDICIAL CIRCUIT COURT,
STATE OF FLorIDA, Hernando County,
Special Term, A. D. 1869.
At an extra special term of the Circuit Court of the Sixth
Judicial Circuit of the State of Florida, begun and held at the
town of Brooksville, in the county of Hernando, on the fourth
Monday of September, being the twenty-seventh day thereof, in
the year of our Lord one thousand eight hundred and sixty-
nine. Present, the HIon. James T. Magbee, Judge of said Cir-
cuit, presiding.
Court regularly opened by proclamation of sheriff at the
court house door, and by prayer at a throne of Divine Grace,
by Rev. Samuel C. Craft, an attorney of this court.
"The venire of the grand jury, and who were summoned for
this term, was called, and the following persons answered to
their names, to wit: William H. Askew, Samuel L. Muldrow,
Joseph Anderson, David L. Hedick, John Oberry, James L.
Miller, Joseph Drummond, Thomas Jones, William James,
Franklin Link, Edward M. Harvel, Samuel Clarke, Thomas
Coba, Richard Bradley, and William M. Garrison.
There not being sufficient number present, tlhe-court deferred
empannelling the grand jury, to wait a reasonable time for the
arrival of the State attorney.
George H. Peters, who was duly summoned to serve as a
grand juror at this term, being solemnly called, came not, but
made default. It is therefore ordered and adjudged by the
court, that the State of Florida do have and recover of and
from the said George H. Peters a fine of twenty dollars, and
that the sheriff do take the said defendant in custody until the
fine and costs of these proceedings be paid.
Edward Anderson and William M. Hope, being summoned,
were solemnly called, but came not. It being shown to the sat-
isfaction of the court that said jurors were detained on account
of sickness, it is ordered that they be excused. Robert O. Neal
not being summoned, it is ordered that no proceedings be had
against him.
The venire of tile petit jury, regularly drawn, and who were
summoned for this term, was called, and the following persons
answered 'to their names, to wit: Charles Giddings, William
Richardson, February Drayton, Chesley D. Hill, Allan Frier-
son, William McNatt, Henry May, Marshall Morton, Asa Giles,
William Connell, Charles Scriven, Luther A. Martin, Enoch H.

64

Andrews, Anthony Gowens, April Delaine, Allen Thomas, Ben-
jamin Baisdon, James Mitchell, Edmund Frieble, David L. Sel-
lars, John Feaster, Francis E. Saxson, Franklin Richardson,
Daniel Hay, Theophilus HIigginbottom, William I. Hart, Isaac
Montgomery, John P. F. Duval, Benjamin Harrison.
Henry M. Johns, who was duly summoned to serve as a petit
juror at this term, being solemnly called, came not, but made
default. It is therefore ordered and adjudged by the court tlat
the State of Florida do have and recover of and from the said
Henry M. Johns a fine of twenty dollars, and that the sheriff
do take said defendant in custody until the fine and costs of
these proceedings be paid.
John WV. tHarvell, being smnmoned, was solemnly called, but
came not. It being shown to the satisfaction of the court that
said juror was detained on account of sickness, it is ordered
that he be excused.
Jesse Daniels, George Harrison, John Jones, and Daniel
Flemming not being summoned, it is ordered that no further-
proceedings be had against them.
TUESD.\Y, September 28th.
Ordered thatWilliam Connell, a petit juror, be excused on
account of sickness.
James L. Miller and Joseph Drummonds, the former a prose-
cutor, and the latter a witness, were challenged as grand jurors,
and were excused.
Thomas Coba and Richard Bradley were excused as grand
jurors.
Ordered that a special venire issue, directed to the sheriff,
commanding him forthwith to summon twelve good and lawful
men to serve as grand jurors for this term.
All persons who were taken from the petit jury on the spe-
cial venire to serve as grand jurors, are excused from serving
on the venire as petit jurors for the present term.
WEDNESDAY, September 29th, 1869.
The special venire being returned by the sheriff, with his re-
turn thereon that he had summoned the following good and
lawful men to serve as grand jurors, to wit: Marvel M1. Ed-
wards, James W. Jackson, 'C -. ly I). Hill, Cicero S. Blackshear,
William R. Smith, Luther A. Martin, Arthur St. Clare, Robert
II. Parker, Anthony May, Richard iHamilton. Luther A. 31a:r-
tin and Chesley 1). Hill, being taken from the petit jury, it is
ordered that they be discharged from the petit jury, and any
other persons who may have been so taken from the petit jury
are discharged from any further service on the petit jury.
Then proceeded to empannel the grand jury. The regular and
special venire being called, the following good and lawful men

answered to their names as grand jurors, to wit: Samuel L.
Muldrow, William M. Garrison, Franklin Link, William H. As-
kew, Edward M. Harvel, Luther A. Martin, David L. Hedick,
Joseph W. Anderson, John Oberry, Chesley D. IIll, Arthur St.
Clare, William James, Samuel Clarke, Richard Hamilton, An-
thony May, Edmund Frieble, Thomas Jones, Franklin G. Pow-
ell, William R. Smith, James W. Jackson, Robert II. Parker,
Cicero S. Blackshear, and Marvel M. Edwards.
The court then called upon all persons to show cause, if any
they have, why said persons should not be empannelled as the
grand jury for the present term. No objection being made, said
persons were empannelled as the grand jury. The court then
appointed Marvel M. Edwards foreman, who, with one other,
took the oath required by law. The other jurors being called in
such numbers as the court directed, took upon themselves the
oath required by law. The court proceeded to charge the grand
jury as to its duty, and as to all the criminal laws in force in this
State which amount to felony.
MONDaAY, October 4th, 18;9.
THE SIx'' JUDICIAL CIRCUIT COUiT,
STATE OF FLORIDA, 1Hernando County,
Fall Term, A. D. 1869.
The venire of the grand jury regularly drawn, and who were
summoned for this term, was called, and the following persons
answered to their names, to wit: William II. Askew, Samuel
L. Muldrow, David L. Hedick, Thomas Jones, William James,
Franklin Link, Edward M. Harvell, William M. Garrison.
There not being a sufficient number present, or being a deficien-
cy of grand jurors, it is ordered by the court that a writ of venire
faicias do now issue, directed to the sheriff, commanding him to
return forthwith fifteen good and lawful men to serve as grand
jurors, that number being required.
The sheriff having executed and returned the special venire,
the following good and lawful men answered to their names as
grand jurors : Marvel M. Edwards, Luther A. Martin, Cheslv
D. Hill, James W. Jackson, Robert II. Parker, Cicero S. Black-
shear, William H. Smith, Arthur St. Clare, Edmund Frieble,
Anthony May, Richard Hamilton, Wright WV. Williamson,
Thomas G. B. Pinkston, John Wells, Edward McGeachy.
The court appointed Marvel M. Edwards foreman of the grand
jury, who, with others, was called to the book and took the oath
required by law. The other grand jurors were called to the
book in such numbers as the court directed, and each one took
upon himself the oath required by law, until the whole of the
grand jurors were regularly empannelled and sworn, there be-
ing no objection made to the venires, or any one of said grand
juTrors.

60

The court then proceeded, and did charge the grand jury.
Joseph W. Anderson, James L. Miller, Joseph Drummond, Rob-
ert 0. Neal, Edward D. Anderson, Samuel Clark, and Thomas
Coba, for good and lawful reasons to the court satisfactorily
shown, were excused from service on the grand jury.
George II. Peters, who was fined at the extra and special term,
and it appearing to the satisfaction of the court at this term that
the said George H. Peters has recently been very sick, it is or-
dered that said fine be remitted, and that he be excused from
attendance on this term. It is ordered that Richard Bradley be
also excused. Ordered that all persons summoned from the petit
jury on the special venire be excused from service on the petit
jury.
The venire of the petit jury being called, the following per-
sons answered to their names, to wit: Charles Giddings, Willis
Richardson, February Drayton, William J. McNatt, Henry
May, Marshall Morton, Asa Giles, Charles Scriven, Enoch H.
Anderson, Anthony Goings, April Delaine, Allen Thomas, Ben-
jamin Baisdon, James Mitchell, David L. Sellars, John Feistcr.
Francis E. Saxson, Frank Richardson, Daniel Hay, Theophilus
Higginbottom, William I. Hart, Isaac Montgomery, and Benja-
min Harrison, all of the petit jurors, for good and satisfactory
reasons shown to the court, were excused, except the above
named.
I, William L. McMinn, Clerk of the Circuit Court, do
hereby certify that the above and foregoing is a true
[SEAL.] and correct copy from the records of the circuit court
now in my office.
Witness my hand and seal of office this 25th day
of April, A. D. 1870.
WILLIAM L. McMiNx,
Clerk Circuit Court.
No. 10.
Affidavit of James G. Jones, Sheriff of Monroe County.
STATE OF FLORIIA,
County of Leon.
Before me personally came James G. Jones, who being duly
sworn, says : I am sheriff of Munroe county, and buy all things
for use of circuit court. Hion. James T. Magbee has never in-
structed me to buy anything for the private use, and have
charged to the State of Florida.
In the purchase of stationery or other things for use of
court, Judge Magbee was very close. At one time in buying sta-
tionery, lie told me to buy where I could get the cheapest. I
informed him that there was the difference of 50 cts. in the
ream between two houses. He told me to buy at the cheapest
house.

I heard Peter Crusoc and W. C. Maloney say that they
knew nothing against Judge Magbee, and say if they were sum-
moned they would go to Tallahassee, but they knew nothing
against the Judge. JAMES G. JONES.
Sworn to and subscribed before me, May 30th, 1870.
JNo. W. PRICE,
Judge Seventh Judicial Circuit.
No. 11.
Affidavit of Andrew W. Garner, Sheriff of Manatee County.
STATE OF FLORIDA,
County of Manatee. (
Before me, John F. Bartholf, clerk of the Circuit Court for
the county and State aforesaid, came this day Andrew W. Gar-
ner, sheriff of Manatee county, and State aforesaid, who, being
by me duly sworn, deposes and says as follows, to wit: That
he was present in his official capacity during the entire term of
the Fall Term of the Circuit Court of 1869 for Manatee county,
and State of Florida; paid particular attention in case State of
Florida vs. Irene Jenkins, charged with bigamy or some kindred
offence, and that the honorable judge of said court. James T.
Magbee, did not, to his personal knowledge, induce Irene Jen-
kins to confess guilt to the charge of adultery or bigamy, with
which she stood charged at said term of the circuit court for
Manatee county, State of Florida.
ANDrEw W. GARNER,
Sheriff and Assessor for Manatee County, Florida.
Sworn to and subscribed before me this 21st day of March,
A. D. 1870. Joux F. BAuTIIOLF,
Clerk Circuit Court Manatee County, Florida.
No. 12.
SAffidavit of John F. Bartholf, Clerk of Manatee County:
STATE OF FLORIDA,
County of Manatee.
Before the subscriber, a justice of the peace" in and for the
county of Manatee, personally appeared this day John F. Bar-
tholf, clerk of the circuit court for the State and county afore-
said, who, being by me duly sworn, deposes and says as follows,
to wit: That he was present in his official capacity during 'the
entire term of the Fall term, 1869, of the circuit court for the
State and county aforesaid, and paid particular attention to
everything that transpired, and that he did not hear the Hon.
James T. Magbee, judge of said court, advise or intimate to one
Irene Jenkins, defendant in a suit of the State of Florida against
her for adultery, .that a plea of guilty would tend to mitigate

her punishment ; and that he did not at the time suppose that
any such understanding existed, but that, on the contrary, the
demeanor of said James T. Magbee towards the defendant
evinced the contrary. .Jou F. BARTIIOLY,
Clerk Circuit Court Manatee County, Fla.
Sworn to and subscribed before me this 21st day of March,
1870. E. E. 3hzi.-mi.,
Justice of the Peace .Manatee county, Fla.
No. [a.
Certified Copy of the Indictment vs. Lewis M. Jenkins, for
Bigamy, the law being for that ottffns, at the time charged, that
prisoner could only be fined:
In the Circuit Court for the Sixth Judicial Circuit of Florida,
Fall Term, A. I). Eighteen Hundred and Sixty-Nine.
Tim STi'ATE, OF' FII OlIID
vs. Bigam.
LKwrs M. J.TKKINS.
COUNTY TO WIT:
The grand jurors of the State of Florida, empanneled and
sworn to inquire and true presentment make, in and for the
body of the county of Aanatee aforesaid, upon their oath do
present that Lewis AM. Jenkins, late of the county aforesaid, la-
borer, on the first day of June, in the year of our Lord one
thousand eight hundred and fifty, with force and arms, in the
county and State aforesaid, was lawfilly married to Irene Collier,
and the said Irene Collier then and there had for his wife; and
that the said Lewis 31. Jenkins afterwards, to wit : on the first
day of November, in the year of our Lord one thousand eight
hundred and sixty-seven, with force and arms, in Manatee coun-
ty aforesaid, feloniously and unlawfully did marry, and take to
wife, one Seleta Ann Daniels; and to the said Seleta Ann Dan-
iels was then and there married, the said Lewis TM. Jenkins be-
ing then and there a married man, and the lawful husband of
the said Irene Collier; and the said Irene Collier, his former
wife, being then alive, and the said Lewis 3I. Jekins never hav-
ing been legally divorced front the bonds of matrimony from
the said frene Collier, and not the guilty cause of said divorce:
and the said Irene C(ollier not having been continually remain-
ing beyond sea for thr e space of three years together ; nor has
the said Irene Collier voluntarily withdrawn from her said hus-
band, and remained absent for the space of three years together.
the said Lwis M. .Jnkins, ir said husband, knowing llis said
wife, Irene Collier, to be alive during that time: whereby and
by force of the statute in such case made and provided. the

said Lewis M. Jenkins is deemed to have committed the crime
of bigamy.
And so the jurors aforesaid, upon their oath aforesaid, do say,
that the said Lewis M. Jenkins, in manner and form aforesaid,
on the said first day of November, in the year of our Lord one
thousand eight hundred and sixty-seven, in the county afore-
said, did commit the crime of bigamy, contrary to the form of
the statute in such case made and provided, and against the
peace and dignity of the State of Florida.
(Signed) JouII B. S'rICIKN'EY,
State Attorney for the Sixth Judicial Circuit of Florida,
Prosecuting ft ;aid State.
I certify this to be a true copy of indictment:. the case of
the State of Florida vs. Lewis M. Jenkins.
JoHN F. BAriHOLF,
Clerk Circuit Court Manatee County, Fla.
No. 14.
The Certified Copy of Indictment vs. Irene Jenkins .for
Adultery, Statutory Punishment for which was Imprisonment in
Penitentiary:
In the Circuit Court for the Sixth Judicial Circuit of Florida,
Fall Term, A. D. Eighteen Hundred and Sixty-nine.
THIE STATE ov FLORIDA)
vs. Adultery.
IRENE JENKINS.
MANATEE COUNTY, TO rIT':
The grand jurors of the State of Florida, empanneled and
sworn to inquire and true presentment make in and for the body
of the county of Manatee, aforesaid, upon their oath do pre-
sent that Irene Jenkins, late. of the county aforesaid, laborer, on
the first day of September, in the year of our Lord one thousand
eight hundred and sixty-nine, with force and arms, in the county
and State aforesaid, did commit the crime of adultery with one
Richmond R. Crews, by then and there having carnal knowledge
of the body of the said Richmond R. Crews; the said Irene Jen-
kins being then and there a married woman, and then and there
having a lawful husband alive other than the said Richmond R.
Crews, and the said Irene Jenkins and the said Richmond
Crews not being then and there lawfully married to each other,
contrary to the form of the statute in such case made and pro-
vided, and against the peace and dignity of the State of Florida.
(Signed) .Tou B3. STICKiEY,
State Attorney for the Sixth Judicial Circuit of Florida,
Prosecuting for said State.

70

STATE OF FLORIDA, )
County of Manatee. I
I certify the foregoing to be a true copy of indictment in the
case of the State vs. Irene Jenkins, as also the signature of the
prosecuting officer in behalf of the State.
JoInI F. BARTIIOLF,
Clerk Circuit Court Manatee County.
No. 15.
Certified Copy of the Account of Edrington & Wall, sworn
to by one of the parties:
STATE- OF FLORIDA,
To EDuINxGTO & WALL.
For the special and regular Fall terms of the Circuit Court ini
Hernando county for the year A. D. 1869.
Sept. 27.
To 1 ITlam Legal Cap, 12 00
1 Fools Cap, 10 00
4 Acc't Paper, 75
6 Bottles Mucilage, 60
1 Doz. bottles Ink, 00
8 Pen points, 30c., 40
"2 Pen Holders, 00
Paper Fastenings 00
1 Boxes Matches, 60
"12 lbs. Candles, 50c. 00
0 Candlesticks, 3 00
6 qrs. Letter Paper, 50c. 3 00
2 gal. Kerosene Oil, 50
Oil Can, 100
Ream Legal Cap, 6 00
2 Lead Pencils, 50
4 Lamps, 00
s Lamp Chimneys, 1 00

$72 35

On examining the above, I find it is the cash price. State
scrip is worth seventy-five cents on the dollar; if paid in scrip
the difference should be added.
(Signed) JAMEs T. MAcmrE, Judge.

STATE OF FLORIDA, )
Hernando County.
Personally came before the subscriber, a clerk of the circuit
court, V. W. Wall, who being by me duly sworn, deposes and

71

says that the above account is just and true, and that the same
has not been paid, nor any part thereof.
(Signed) WMr. W. WALL.
Sworn to and subscribed before me this 12th day of October,
A. D. 1869. CLEEK.
STATE OF FLORIDA,
Hernando County. f
I do certify that the articles named in the within account of
Edrington & Wall against the State of Florida, were furnished
by them for the use of the Circuit Court of Hernando county,
at the Special and Fall term of said court, and that they were
furnished upon the requisition of the Hon. James T. Magbee,
presiding.
(Signed) Wr. H. SmnTi, Sheriff.

I, R. H. Gamble, Comptroller of Public Accounts of the State
of Florida, do hereby certify that the above and foregoing is a
true and correct copy of the account of Edrington & Wall,
which was paid by warrant No. 2031 for $72.35 on the 14th day
of December, 1869, the voucher for which is on file in this office,
of which the above is an exact copy.
In testimony whereof I have hereunto set my hand and affixed
the official seal of this office, this 15th day of March, A. D.,
1870. R. H. GAMBLE, Comptroller.
No. 16.
Comptroller's Certificate, showing that the fine imposed on
said Wm. B. Henderson was paid into the State Treasury by
the Sheriff of the County:
On the 21st of April, 1809, Mr. Henry Albury, Sheriff of
Hillsborough county, paid into the Treasury one hundred dol-
lars on account of fines, which was all that was due by him on that
account at that time, and the records of this office show that at
the Fall term of the circuit court, 1868, there was a fine of one
hundred dollars imposed against W. B. Henderson, which said
fine was charged to Mr. Albury, sheriff, on the 4th January,
1839. R. H. GAMBLE, Comptroller.

The respondent, on his part, agrees to admit, and to suffer
to go before the court the printed statements of the witnesses
on the part of the State, to have the same force and effect as
though the witnesses were here before the court personally pres-
ent and testified to the same; which printed statements are the
testimony upon which the articles of impeachment are based, as
appears by the journals of the Assembly in which said articles

72

were found ; so that all the testimony taken before the commit-
tee of impeachment of the Assembly, and on which testimony the
impeachment was found, shall be admitted and produced on be-
half of the State before the court of impeachment, and thereby
save great' expense to the State, that will otherwise necessa-
rily be incurred by the people in the producing of the witnesses,
who being at so great a distance from the Capital, the delay
caused by their summons and appearances, all of which the re-
spondent proposes to ob ,iate by admitting their testimony, upon
his being permitted to introduce the sworn statements of his wit-
nesses in the same manner, and thereby save expense and loss of
time, and ise impartial justice to be speedily administered.
JAMES T. M31AGiE]:
Judge of the Sixth Judicial Circuit.
D. P. HOLLAND and J. P. C. E.tos, Counsel.
Which was read.
Mr. Harris, of Marion, offered the following resolution :
.Resolved by the Assembly, That the committee of manager., in
the matter of the impeachment of James T. Magbee, Judge of
the Sixth Judicial Circuit, are hereby instructed to admit as evi-
dence the affidavits and papers placed before the Assembly by
said respondent, upon the testimony taken before the Committee
of Impeachment, as appears by the journals of the Assembly, be-
ing admitted on behalf of the State by consent of the respond-
dent, so that all aforesaid affidavits, on behalf of the State and
the respondent, may be introduced by each party before the Court
of Impeachment, and thereby save the necessity of producing the
witnesses on either side, at great expense and delay, and that in
addition thereto the said managers and respondent may be per-
mitted to introduce such evidence as they may have.
Was read.
Mr. Raney moved to indefinitely postpone the resolution, and
that the above communication be returned to its author;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, B]ogue, Cheshire, Harmon, Hill, McKin-
non, lcMillin, Mills, Moore of Hillsborough, Oliver, Raney,
Stewart, Urquhart, Walker, and White-15.
Nays-Mcssrs. Black, Cox, Cruce, DeLany, Erwin, Fortune,
Graham, Iarris, Hodges, Keene, Lee, Moore of Columbia, Os-
good, Pons, Rodgers, Scott, Simpson, Thompson, and Wells-
19.
Mr. Raney's motion lost.
Mr. Moore, of Cohunbia, moved the adoption of Mr. Harris's
resolution.;
Upon which the yeas and nays were called for, and were:

73

Yeas-Mecsrs. Black, Cox, Cruce, DeLany, Erwin, Fortune,
Graham, Harris, Keene, Lee, Moore of Columbia, Pens, Robin-
son, Rodgers, Simpson, and Thompson-16.
Nays-Messrs. Butler, Bogue, Cheshire, Harmon, Hill,
Hodges, McKinnon, McMillin, Mills, Moore of Hillsborough,
Oliver, Osgood, Raney, Scott, Stewart, Urquhart, Walker,
Wells, and White-19.
The motion to adopt was lost.
On motion of Mr. Scott, it was ordered that the commnunica-
tion of Judge Magbee be spread upon the journal of to-day.
Mr. Oliver moved to adjourn until to-morrow morning, ten
o'clock.
Not agreed to.
Mr. Raney moved to adjourn until to-morrow morning, ten
minutes after 10 o'clock;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs Cheshire, Cox, Hill, McKinnon, McMillin,
Moore of IillsbL-ough, Oliver, Rancy, Stewart, Urquhart, Wal-
ker, Wells, and White-13.
Nays-Messrs. Butler, Bogue, Black, Cruce, DeLany, Erwin,
Fortune, Graham, Harmon, Harris, Hodges, Keene, Lee, Moore
of Columbia, Osgood, Pons, Robinson, Rodgers, Scott, Simpson,
and Thompson-21.
The Assembly refused to adjourn.
Assembly Bill No. 8 :
A bill to be entitled An Act in relation to the Agricultural
College Scrip,
Was read second time, ordered engrossed.
On motion the Assembly adjourned until 10 o'clock to-mor-
row morning.

FRIDAY, June 3, 1870.
The A-sembly met pursuant to adjournment.
Thle roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Cheshire, Cox, Cruce, De-
Lany, Fortune, Graham, Green of Manatee, Harmon, Hill,
Hodges, Keene, Lee, McMillin, Mills, Moore of Colunbia, Moore
of Hillsborough, Oliver,' Osgood, Pons, Raney, Robinson,
Rodgers, Scott, Simpson, Thompson, Urquhart, Walker, Wells,
and White-32.
A quorum present.
Prayer by the Chaplain.
Mr. Simpson moved that the reading of yesterday's journal
be dispensed with;

74

Which was agreed to, and the journal approved.
On motion of Mr. Butler, the IIon. member from Clay, Mr.
White, was excused from attendance on the Assembly after to-
day.
"Mr. Moore, of Hillsborough, was also excused for the balance
of the session.
COMMITTEE REPORT.
TALLAIIASSEE, Fla., June 3, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sin: The Committee on Engrossed Bills beg leave to report
that they have examined Assembly Bill No. 6, in Relation to
the Collectors and Receivers of Taxes;
Also:
Assembly Bill No. 7, Repealing the 4th Section "of the Act
Incorporating the Gulf Steamship Company;
Also:
Assembly Bill No. 8, An Act in Relation to the Agricultural
College Scrip; and Assembly Bill No. 9, Incorporating the
Jacksonville Fire Engine Company, and find them correctly en-
grossed. Very respectfully,
E. FoiRTUNE, Chairmana.
Was read, and the bills placed among the orders of the day.
Mr. Scott moved to take from the table resolution relative to
adjournment;
Which was not agreed to.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAIIASSEE, Fla., June 3, 1870.
HIN. M. L. STEARN., Speaker of the Assembly :
Sir: I am directed by the Senate to inform the Assembly
that the Senate has adopted Joint Resolution Relative to Es-
tablishing a Weekly Mail between Pensacola, in Escambia
County, and Freeport, in Walton County.
Very respectfully,
CIIAS. MUNDEE,
Secretary of the Senate.
Was read, and the resolution placed among the orders of the
day.'
ORDERS OF THE DAY.
Assembly Bill No. 8 :
To be entitled An Act in relation to the Agricultural College
Scrip.

7 5

Was read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Butler, Bogue, Black, Cruce, DeLany, Erwin,
Fortune, Graham, Iarmon, Harris, Hodges, Keene, Lee, McMil-
lin, Moore of Columbia, Oliver, Pons, Raney, Robinson, Rod-
gers, Scott, Simpson, Thompson, and Wells-24.
Nays-Mr. Speaker, Messrs. Cheshire, Cox, Green of Mana-
tee, Hill, McKinnon, Mills, Moore of Hillsborough, Osgood,
Stewart, Urquhart, Walker, and White-13.
The bill passed, title as stated.
Mr. Raney moved to reconsider the vote just taken ;
Which motion was placed among the orders of the day for
to-morrow.
Mr. Butler moved to take a recess until 4 o'clock this after-
.noon.
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Butler, Bogue, Cheshire, Cox, Green of Mana-
"tee, Hill, Keene, Lee, McKinnon, Mills, Moore, of Hillsborough,
Oliver, Osgood, Pons, Raney, Rodgers, Stewart, and Urquhart
-18.
Nays-Mr. Speaker, Black, Cruce, DeLany, Erwin, Fortune,
Graham, Harmon, Harris, Hodges, McMillin, Moore of Colum-
bia, Robinson, Scott, Simpson, Thompson, Walker, Wells and
White-19.
Motion lost.
Assembly bill No. 9 :
To be entitled An Act to incorporate the Jacksonville Fire
'Engine Company,
Was read the third time, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bogue, Black, Cox, Cruce, DeLany,
Fortune, Graham, Green of Manatee, Harmon, Harris, Hodges,
Keene, McKinnon, McMillin, Mills, Moore of Columbia, Oliver,
Osgood, Pons, Robinson, Rodgers, Scott, Simpson, Stewart,
Thompson, Urquhart, Walker, and Wells-29.
Nays-None.
The bill passed, title as stated.
On motion, the Assembly took a recess until 4 o'clock this af-
ternoon.
FOUR O'CLOCK, P. M.

The Assembly resumed its session.
Not a quorum present.
On motion, the Sergt.-at-Arms was dispatched for absentees.
Upon a call of the roll, the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Cox, Cruce, De-

Lany, Fortune, Graham, Green of Manatee, Harris, lill,
Hodges, Keene, Lee, McMillin, Mills, Moore of Hillsborough,
Oliver, Osgood, Pons, Raney, Rodgers, Scott, Thompson,
Urquhlart, Walker, and White-2 7.
A quorum present.
The following message was received from the Senate:
SENATE CHAMBER,
'TALLAHASS.EE, Fla., June 3, 1870.
H-on. M. L. STEAuNs, Speaker of the Assembly:
Si : I am directed by the Senate to inform the Assembly
that the Senate has adopted Senate Joint Resolution relative to
adjournment, and request the concurrence of the Assembly.
Very respectfully, Cus. MUXDEE,
Secretary of the Senate.
Was read, and the resolution placed among the orders of the
day.
Assembly Bill No. 7 :
To be entitled An Act to repeal the Fourth Section of Au
Act entitled An Act to Incorporate the Gulf Steamship Com-
pany, and to Perfect the Public Works of the State, approved
Feb. 9, 1870,
Was read the third time and put upon its passage.
The vote was:
Yeas-Messrs. Cox, Cruce, DeLany, Graham, Green of Man-
atee, Harris, Hill, McKinnon, Moore of IHillsborough, Oliver,
Osgood, Scott, Thompson, Urquhart, Walker, Wells, and
White-1 7.
Nays-MAessrs. Butler, Bogue, Fortune, Iodges, Keene, Lee,
MlMillin, Mills, 'Pons, Raney, and Rodgers--li.
The bill passed, title as stated.
The following message was received from the Senate:
SENATE CHAMBEIZ,
TALLAIIASSEE, Fla., June :3, 1870.
lIon. M1. L. S''TExs.m Speaker of the Assembly :
S :' I am directed by the Senate to inform the Assembly
that the Senate has adopted Assembly Joint Resolution rela-
tive to establishing a Mail Route.
Also,
Adopted Assembly Joint Resolution relative to establishing
a Custom House and making a Port of Entry and Delivery at
I :. rl.t rt. Harbor. Very respectfully,
CHAs. M3uXDEE,
Secretary of the Senate.
Was read, and the resolutions ordered to be enrolled.
Also,'the following :

SE-ATEX CIAMBERl:,
TAL.LAHA.SSEE, Fla., June 3, 1870.
Hon. M. L. STEAl:s, Speaker of the Assembly ;
Sin : I am directed by the Senate to inform the Assembly
that the Senate has passed Senate Bill No. 10, An Act making
appropriations for expenses of Engraving ComptrollRr's war-
rants. Very respectfully,
Citxs. M[rxi.:i:,
Secretary of the Senate.
"Was read, and the bill placed among the orders of the day.
Assembly Bill No. 6 :
To be entitled An Act in relation to the Collectors and R(e-
ceivers of Taxes of the State of Florida,
Was read the third time and put upon its passage.
The vote was :
Yeas--Messrs. Butler, Cox, Cruce, DeLany, Fortune, Gra-
ham, Green of Manatee, Harris, I ill, Hodges, Keene, Lee,
McKinnon, McMillin, Mills, Moore of Hillsborough, Osgood,
Pons, Raney, Rodgers, Scott, Stewart, Thompson, lrrquhart,
Walker, Wells, and Whitc-27.
Nays-Messrs. Bogue, Cheshire, and Oliver-3.
The bill passed, title as stated.
Ordered that the same be certified to the Senate without de-
lay.
By order of the Assembly, the clerk was requested to certify
Assembly Bill No. 7 to the Senate immediately ; also, Assem-
bly No. 9.,
Under a suspension of the rule, the Committee on Finance
and Taxation reported as follows:
Hon. M. L. STEARxs, Speaker of the Assembly:
The undersigned members of the Committee on Finance and
Taxation, having had under consideration Assembly BillNo. 10,
entitled An Act relating to the Finances of this State, beg leave
to report back the same to the Assembly, with an amendment,
and respectfully recommend that said bill do pass with the
amendment.
Very respectfully submitted.
E. J. IAuI;Is, Chairman,
SAMUEL WALKER,
B. iW. TirOMPSON.
C(uAILrs Moom..
Was read.
The amendment offered by committee adopted.
The bill, as amended, read the second( time, and ordered en-
grossed.
The following mtessa was received from the Senate:

SExATE CHAMBER, )
TALLAIIASSEE, Fla., -, 1870.
Hon. M. L. STEAnS, Speaker of the Assembly :
Sir : I am directed by the Senate to inform the Assembly that
the Senatelhas refused to take action on Assembly Bill No. 9,its
character not coming within the purview of the Governor's proc-
lamation for this extra session.
Very respectfully,
CHAs. MunDEEn ,
Secretary of the Senate.
Which was read.
Senate Bill No. 10:
To be entitled An Act making Appropriation for Expenses of
Engraving Comptroller's Warrants,
Was read the first time.
The rule being unanimously waived, the bill was read the sec-
ond and third times, and put upon its passage.
The vote was:
Yeas-Mr. Speaker, Messrs. Butler, Bogue, Cheshire, Cox,
Cruce, DeLany, Erwin, Fortune, Graham, Green of Manatee,
Harris, Hill, Hodges, Keene, Lee, McKinnon, McMillin, Mills,
Oliver. Osgood, Raney, Rodgers, ,t.:.i.:ii, Thompson, Urquhart,
Walker, and. Wells-28.
Nays-None.
The bill passed, title as stated.
Ordered that the same be certified to the Senate immediately.
Joint Resolution relative to Establishing a Weekly Mail be-
tween Pensacola, in Escambia County, and Free Port, in Wal-
ton County,
Was read, and unanimously adopted.
Ordered that the same be certified to the Senate.
Senate Bill No. 9:
To re-enact An Act entitled An Act to Incorporate the Pensa-
cola Wharf Company,
"Was read the first time.
Under a suspension of the rule, read the second and third times,
and put upon its passage.
The vote was:
Yeas-Mr. Speaker, Messrs. Butler, Bogun, Cheshire, Cox,
Cruce, DoLany, Fortune, Graham, Green of Manatee, Harris,
Hill, Hodges, Keene, Lee, McKinnon, MeMillin, Mills, Raney,
Rodgers, Scott, Stewart, Thompson, Urquhart, Walker, and
Wells-206.
Nays--Mr. Erwin-1.
The bill passed, title as'stated.
Ordered that the same be certified to the Senate.
Joint Resolution relative to Adjournment,

79

Was read.
Mr. Raney offered the following substitute:
Resolved by the Assembly, the Senate concurring, That the
Legislature of Florida adjourn sine die Saturday, June 4, 1870.
Which was read.
Mr. Osgood moved to lay the resolution and substitute on the
table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Bogue, Cox, DeLany, Fortune, Graham, Hqr-
ris, Hill, Hodges, Keene, Osgood, Thompson, Walker, and
Wells-13.
Nays-Messrs. Butler, Cheshire, Cruce, Erwin, Green of
Manatee, Lee, McKinnon, McMillin,Mills, Moore of Hillsborough,
Oliver, Raney, Rodgers, Scott, Stewart, Urquhart, and White
-1 7.
Motion lost.
Mr. Osgood moved to postpone the further consideration of
the subject of adjournment.until to-morrow morning, 10 o'clock;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Cox, Fortune, Harris, Hill, Keene, Osgood,
Walker, and Wells-8.
Nays-Messrs. Butler, Bogue, Cheshire, Cruce, DeLany, Er-
win, Green of Manatee, Lee, McKinnon, McMillin, Mills, Moore
of Hillsborough, Oliver, Raney, Rodgers, Scott, Stewart,
Thompson, Urquhart, and White-20.
Not agreed to.
Mr. Butler moved the adoption of Mr. Raney's substitute;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Cheshire, Cruce, DeLany, Green of Man-
atee, Hodges, Lee, McKinnon, McMillin, Mills, Moore of Hillsbor-
ough, Oliver, Osgood, Raney, Rodgers, Scott, Stewart, Urqu-
hart, and White-19.
Nays-Messrs. Cox, Erwin, Fortune, Graham, Harris, Hill,
Keene, Thompson, Walker, and Wells-10.
"The substitute was adopted.
Mr. Osgood moved to reconsider the vote just taken.
Mr. Scott moved to lay the motion to reconsider on the table;
Which was agreed to.
The following message was received from the Senate:
SENATE CIIAMBER,,
TALLAHIASSEE, Fla., June 3, 1870.
Hon. M. L. STEANs, Speaker of the Assembly :
Sir.: I am directed by the Senate to inform the Assembly
that the Senate has refused to concur in the Assembly Amend-
ment to Senate Bill No. 3, An Act Authorizing a Tax for
Schools. Very respectfully,
CIiHS. MUNDEE,
Secretary of the Senate.

80

Was read.
M r. Walker moved that the Assembly insist on its amend-
ment;
Which was not agreed to.
Mr. Osgood moved that the Assembly recede from its amend-
ment;
Upon which the vote was:
Yeas-Messrs. Butler, Bogue, Cheshire, Cruce, Erwin, Green
of Manatee, McKinnon, McMillin, Mills, Moore of IIillsborough,
Oliver, Osgood, Pons, Raney, Rodgers, Stewart, Urquhart, and
White-18.
Nays-Mr. Speaker, Messrs. Cox, DeLany, Fortune, Graham,
Scott, Thompson, Walker, and Wells-0.
The Assembly receded from its amendment.
The clerk was requested to notify the Senate of the same.
On motion, the Assembly adjourned until to-morrow mo:rn-
ing, 10 o'clock.

SATLTUIDAY, June 4, 1;70.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names :
Mr. Speaker, Messrs. Bogue, Cheshire, Cox, Cruce, DeLany,
Erwin, Fortune, Graham, Green of Manatee, Harmon, IHarris,
Hill, Hodges, Keene, MeMillin, Mills, Moore of Columbia, Oli-
ver, Osgood, Pons, Rodgers, Scott, Simpson, Stewart, Thompson,
Urquhart, Walker, and Wells-29.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Osgood, the reading of yesterday's journal
was dispensed with, and the journal approved.
Mr. Moore, of Columbia, offered the following resolution:
WVHErII:As, In the Assembly, at its last session, the lion. James
T. Magbee was impeached of high crimes arid misdemeanors,
and incompetency in office, as Judge of the Sixthl Judicial
Circuit of the State of Florida; AmD \\vmii.:,us, The commit-
tee before which the subject was laid had no time or opportu-
nity to inquire into the merits of the matter, as affecting said
judge, as respondent; AD\ wnErI:AS, Developments have since
heen made, which induce the full belief that could tihe commit-
tee have had all the facts before them it would not, in all
probability, have reported articles against said judge: Axr
wIuirsAS, rThe continuance of the trial was based upon the
plea and argument hv the managers, that alter con

81

with the witnesses the Assembly might instruct the managers
to withdraw these articles and substitute other and different
ones; ANi) WHEREAS, The Legislature to which the matter is
supposed to be continued, will consist of twelve other Sena-
tors, or Senators of a different body; and the entire Assembly
may be changed at the coining election; AND wIInEEAs, In
view of these facts we believe that if new proceedings are to be
instituted in part it should be in whole, and that the new Leg-
islature should not, upon principle, be called upon to take up
in its legislative capacity any action as to subject matter which
properly should have been completed by the present one;
therefore,
Resolved, That practically and effectually the said impeach-
ment is now abandoned, and that a committee be appointed, of
two, to inform the Senate that the Assembly does hereby instruct
the managers to withdraw the articles, and abandon further
prosecution of the same. And further, that if, from any cause,
the managers should fail so to perform the duty hereby imposed
upon them, either in the manner or form, so as to re-instate the
said judge by complete abandonment of the proceeding by the
Assembly, then, and in such case, this resolution of itself is to be
regarded as the action of this Assembly; that all and singular the
further action of this Assembly, by way of proceeding, continu-
ance, or endorsement of said impeachment and trial, is abandon-
ed, leaving the future legislation and action of the Legislature
itself to act as though this Assembly had never acted in the
premises.
Was read.
Mr. Walker, of Leon, moved t, lay tinhe resolution on the
table;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Cheshire, Green of Manatee,
Hill, McKinnon, McMillin, Mills, Moore of Hillsborough, Oliver,
Osgood, Raney. Robinson, Stewart, Urquhart, and Walker-16.
Nays-Messrs. Cox, Cruce, DeLany, Erwin, Fortune, Graham,
Harmon, Harris, Hodges, Keene, Lee, Moore of Columbia, Pons,
Rodgers, Scott, Simpson, Thompson, and Wells-18.
The motion lost.
Mr. Harmon moved to indefinitely postpone the resolution;
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Butler, Bogue, Black, Cheshire, Fortune, Green
of Manatee. Harmon, Hill, McKinnon, McMillin, Mills, Moore of
Hillsborouigh, Oliver, Osgood, Raney, Robinson, Simpson, Stew-
rlt. Thompson, Urquhart, and Walker-21.
lNays-Messrs. Cruce, DeLany, Erwin. Graham, Harris,
Hodges, Keene, Lee, Moore of Columbia. Pons, Rodgers, Scott,
and Wells-143.
0

82

The resolution was indefinitely postponed.
The following message was received from the Senate:
SENATE: CHAMAMER,
TATLAIASSEE, Fla.,.June :, 1870. i
Hon. M. L. STEARNS, Speaker of the Assembly:
Smn: I am directed by the Senate to inform the Assembly that
the proper officers of the Senate, upon the report of the Commit-
tee on Enrolled Bills, to the effect that Senate Bill No. 10, An
Act making Appropriations for Expenses of Engraving Comp-
troller's Warrants, had been correctly enrolled, have signed the
-same, and request the signature of the Speaker and Chief Clerk
of the Assembly. Very respectfully,
CITAS. MUNNDEE,
Secretary of the Senate.
Was read, and the bill signed by the Hon. M. L. Stearns,
Speaker, and Win. Forsyth Bynum, Chief Clerk.
Also, the following:
SENATE CHAMIIBEI ,
TALLAIIASSEE, Fla., June P., 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sim: I am directed by the Senate to inform the Assembly that
the Senate has passed Senate Bill No. 11, An Act to Enforce the
Collection of Penalties for Violation of Quarantine Laws.
Also:
Adopted Concurrent Resolution in relation to the Amendment
of the Constitution.
Also:
Adopted Resolution in relation to Constitutional Amendments.
Very respectfully,
CHAs. MAUNDEE,
Secretary of the Senate.
Which was read, and the bill and resolutions placed among
thi orders of the day.
Also, the following:
SENATE CHAMIE,
TAL,-LHASSEE, Fl, la., une ', 1870.
Hon. M. L. STsEARNS, Speaker of the Assembly:
SmI: I am directed by the Senate to inform the Assembly that
the Senate has concurred in the Assembly substitute to Senate
Joint Resolution relative to Adjournment.
Very respectfully,
CIIAS. MUNDEE,
Secretary of the Senate.
Which was read.

,-.,

COMMITTEE REPORTS.

ASSEMBLY HALL, June 3, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly:
Sir: The Committee on Engrossed Bills have examined As-
sembly Bill No. 10, and beg leave to report that it is correctly
engrossed. Very respectfully,
F. FORTUNE, Chairman.

CoM.nrrMiTEE RooM, June 2, 1870.
To the Speaker of the Assembly:
The undersigned, members of the committee to whom was re-
ferred Assembly Bill No. 3, a bill to be entitled An Act to
amend Sections Nos. 6, 15, and 25 of An Act entitled An Act
to Organize the County Courts of the several Counties of the
State, and to Prescribe the Mode and Practice of the said Courts,
approved August 4, 1868, have had the same under considera-
tion, and respectfully recommend the passage of the accompany-
ing bill as a substitute. Its passage will save the counties a very
considerable amount of expenses with which they are now unnec-
essarily burdened. Without a grand jury of some kind attached
to the county courts, two-thirds of the offenses cognizable by it
will go unpunished. In fact, but very few offenses are ever tried
by it now, except such as are brought there from vindictive mo-
tives. It is not natural to suppose that people living in the same
neighborhood would voluntarily become public prosecutors of
each other, unless moved by improper motives, and this is about
the only way that misdemeanors are now brought before the
court. By the adoption of this bill they believe that the expen-
ses of the court will be greatly curtailed, and that the fines which
will be imposed in cases of convictions of misdemeanors will be
no inconsiderable source of revenue to the school fund.
Respectfully,
). L. McKINNoN,
E. FOIrTUNE,
H. S. HArMON.

Were read, and the bills placed among the orders of the day.

ORDERS OF THE DAY.

Mr. Raney, of Franklin, moved to reconsider the vote taken
upon the passage of Assembly Bill No. 8, to be entitled An Act
in relation to the Agricultural College Scrip.
Was taken up.
Mr. Black moved to lay the motion on the table;
Upon which the yeas and nays were called for, and were:

Yeas-Mr. Speaker, Messrs. Bogue, Black, DeLany, Erwin,
Fortune, Graham, Harmon, Harris, Hodges, Lee, McMillin,
Moore of Columbia, Pons, Robinson, Thompson, and Wells-18.
Nays-Messrs. Butler, Cheshire, Cox, Cruce, Green of Mana-
tee, Hill, McKinnon, Mills, Moore of Hillsborough, Oliver, Os-
good, Raney, Rodgers, Scott, Stewirt, TTrquhart, and Walker
-17.
The motion of Mr. Raney laid on the table.
The Clerk requested to certify the bill, as passed, to the Sen-
ate.
Assembly Bill No. 10:
To be entitled An Act relating to the Finances of this State,
Was read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Butler, Bogue, Cox, Cruce, DoLany, Erwin,
!'ortune, Graham, Green of Manatee, Harmon, Harris, Hill,
Hodges, Keene, Lee, McKinnon, MeMillin, Mills, Moore of Co-
lumbia, Osgood, Pons, Raney, Robinson. Rodgers, Scott, Simp-
son, Stewart, Thompson, Walker, and lWells-30.
Nays-Messrs. Cheshire, Oliver, and Urqnhart--;.
Bill passed, title as stated.
Ordered that the same be certified to the Senate.
The following message was received from the Seriate:
SEN.vAT CIIABEri, .
"T.LI in \--i1., Fla., June 4, 1870.
lion. M. L. STEARNS, Speaker of the Assembly:
Sin: I am directed by the Senate to inform the Assembly that
the Senate has passed Assembly Bill No. 5, An Act to Decrease
the Expenditures of the State, and to Regulate the Fees of Offi-
cers, with the following amendments:
Strike out section 1st.
In section 2, after the words "masters in chancery," insert
"or their referees."
Strike out section 4;
And request the concurrence of the Assembly to said amend-
ments. Very respectfully,
CHASE. MUNDEE,
Secretary of the Senate.
Wts read, and the Senatte amendments concurred in by the
following vote:
SYeas--Messrs. IButler, Bogue, Cheshire, Cox, IUeLayv,Fortune,
Graham, Green of Manatee, IIarmon, Hodges, Lee, McMillin,
Mills, Moore of Columbia, Moore of Hillsborough, Oliver, Osgood,
Pons, Raney, Robinson, Rodgers, Simpson, Stewart. Thompson,
Urquhart, Walker, and Wells-27.
Nays-Messrs. Cruce. Hill. Keene, and Scott-4.

The Clerk requested to notify the Senate of the same.
Also, the following :
SENATE CIIAMBER,
TALLAHASSEE, Fla., June 4, 1870.
Hon. M. L. STEARNS, Speaker of the Assembly :
SIn: I am directed by the Senate to inform the Assembly
that the proper officers of the Senate, upon a report from Com-
mittee on Enrolled Bills, to the effect that Senate Bill No. 3, An
Act Authorizing a Tax for Schools, was correctly enrolled, have
signed said bill, and request that the Speaker and the Chief Clerk
of the Assembly sign the same.
Very respectfully,
CHAS. MUSNDEE,
Secretary of the Senate.
Also, the following:
SENATE CIIHAMBERI,
TALLAlHASSEE, Fla., June 4, 1870.
Hox. M. L. LSTEARNS, Speaker of the Assembly:
Sin: I am directed by the Senate to inform the Assembly
that the proper officers of the Senate, upon a report of the Com-
mittee on Enrolled Bills, to the effect that the respective docu-
ments had been correctly enrolled, have signed the following :
Senate Bill No. 9:
A bill to re-enact An Act entitled An Act to Incorporate the
Pensacola Wharf Company;
Also:
Senate Joint Resolution relative to Establishing a Weekly
Mail between Pensacola, in Franklin Connty, and Free Port, in
Walton County;
And request that the signatures of the Speaker and the Chief
Clerk of the Assembly be affixed thereto.
Very respectfully,
CIIAS. MUNDE:E,
Secretary of the Senate.

"Were read, and the bills and resolution signed by the lion.
M. L. Stearns, Speaker, and Win. Forsyth Bynnm, Chief Clerk
of Assembly.
Also, the following:
SENATE CHAMBER,
"TALLAHASSEE, Fla., June 4, 1870.
Hon. M. L. STEArNs, Speaker of the Assembly:
SIn: I am directed by the Senate to inform the Assembly
that the Senate has passed Senate Bill No. 12, An Act making

4

Appropriations for the Payment of the Expenses of the Legisla-
ture of Florida, Convened in Extraordinary Session May 23,
1870. Very respectfully,
"CIAs. MUNDEE,
Secretary of the Senate.

Was read, and the bill placed among the orders of the day.
A bill to be entitled An Act to Amend Sections Nos. 6, 15,
and 25 of An Act entitled An Act to Organize the several
Counties of the State, and to Prescribe the Mode and Practice
of the said Courts, approved August 4, 1868,
Was read the second time.
The substitute offered by committee read.
On motion of Mr. Scott, the bill and substitute were laid on
the table.
The following message was received front the Senate:

SENATE CHAMIiE,
TALLAIIASSEE, Fla., June 4, 1870.
Hon. M. L. STEAnS, Speaker of the Assembly:
Sin: I am directed by the Senate to inform the Assembly
that the Senate has adopted Senate Joint Resolution in rela-
tion to State Warrants, &c.
Very respectfully,
CIAS. MUNI)EM,
Secretary of the Senate.

Was read, and the resolution placed among the orders of the
day.
Also, the following:
SENATE CIIAMBUE,
TALLAHASSEE, Fla., June 4, 1870.
lion. Ml. L. ST'AIruN, Speaker of the Assembly:
Sim: I am directed by the Senate to inform the Assembly
that the Senate has passed Senate Bill No. 3 :
An Act to Encourage Immigration and Improve the Finan-
cial Condition of the State;
Also, passed Senate Bill No. 15 :
An Act to Allow William A. Graham (a minor) to Practice
Law in the Courts of this State;
Also, passed Senate Bill No. 15 :
An Act in Relative to the Disqualification of Justices, Judges,
and Jurors.
Very respectfully,
ClIas. iMUNDEE,
Secretary of the Senate.

87

Was read, and the bills placed among the orders of the day.
Senate Bill No. 14:
To be entitled An Act to Allow William A. Graham (a mi-
nor) to Practice Law in the Courts of this State,
"Was read first time.
The rule being unanimously waived, the bill was read the
second and third times, and put upon its passage.
The vote was:
Yeas-Messrs. Butler, Bogue, Cheshire, Cox, DeLany, For-
tude, Graham, Green of Manatee, Harmon, Harris, Hill, Hodges,
Lee, McKinnon, McMillin, Mills, Moore of Hillsborough, Oliver,
Osgood, Pons, Raney, Rodgers, Scott, Simpson, Stewart,
Thompson, Urquhart, and Wells-28.
Nays-Mr. Walker-1.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
Senate Bill No. 12 :
To be entitled An Act Making Appropriations for the Pay-
ment of the Expenses of the Legislature of Florida, Convened
in Extraordinary Session May 23, 1870,
Was read first time.
The rule was unanimously waived, and the bill read the sec-
ond time.
Mr. McKinnon moved to amend by striking out, opposite
John W.V Butler's name," one hundred and fifty dollars," and in-
sert fifty dollars;"
Upon which the yeas and nays were called for, and were:
Yeas-Messrs. Cox, Harris, McKinnon, Moore oflTillsborough,
Oliver, Walker, and Wells-7.
Nays-Messrs. Butler, Bogue, Cruce, DeLany, Erwin, For-
tune, Graham, Green of Manatee, Iarmon, Hill, Hodges, Keene,
Lee, McMillin, Mills, Moore of Columbia, Osgood, Pons, Raney,
Robinson, Rodgers, Scott, Simpson, Stewart, Thompson, and
Urquhart-26.
Motion lost.
Mr. Harris moved to amend by inserting Sec. 2: All war-
rants issued for the mileage of members and pay of officers of
the Legislature and for printing shall b)? receivable for taxes
awl other public dues ;"
Which was not agreed to.
)n motion the rule was unanimously waived, the bill read
the; third time, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bogue, Cheshire, Cox, Cruce, DeLany,
Erwin, Fortune, Graham, Green, I-armon, Hill, Hodges, Keene,
Lee, McMillin, Mills, Moore of Columbia, Moore of Hillsborough,
Osgood, Pons, Robinson, Rodgers, Simpson, Stewart, Walker,
and Wells-27.

Nays-Messrs. Harris, Oliver, Scott, and Urquhart-4.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
The following message was received from 1he Senate:
SENIATI: CHAMIBE, )
TA.LLAIASSEE, Fla., June 4, 1870.
HIo. L. STIAIMNs, tpeeaker of the Assembly :
Si : I am directed 1., the Senate to inform the Assembly
"that the Senate has passed Assembly Bill No. 10, An Act re-
lating to the Finances of this State, with the following anmend-
ment:
In Sec. 1st, after the words Internal Improvements" insert
"or such evidences of indebtedness as may have been i-:uied in
settlement of Indian War Claims," and respectfully requ l.-t lthi
concurrence of the Assembly thereto.
Very respectfully, CIAs. MULNI.::,
Secretary of the Sci:nt'.
Was read, and the Senate amendment concurred in ib the
following vote :
Yeas-Messrs. Butler, logue, Cox, Crucc, D)eLauv, 'Erwin,
Fortune, Graham, Green of Manatee, Harmon, Iarris, "lill.
Hodges, Keene, Lee, McMillin, Mills, Pons, Ranev, RIodlgers.
Scott, Simpson, Thompson, Walker, and Wells-25.
NaA-.-- -- ) Moore of HIillsholough, Oliver, Stewartt an:d
Urquhart-4.
The Clerk requested to inform the Senate of the same.
Mr. Walker moved that the enrolling clerk be ordered to re-
port immediately in person to the Committee on Enrolled Bills,
and that he he required to occupy such room in the Capitol as
said conunittee shall direct, so that 1he committee can easily
communicate with him ;
Which was agreed to.
Mr. Butler, of Santa iosa, ..1' i, .1 the following resolution :
Resolved, That this Assembly, recognizing the able, dignilied
and statesmanlike appeal of Senator IRevels, of Mississppi, in the
Senate of the United States, on the ;lst of May ultimo, in be-
half of the iople of the South, hereby express their assurance
of their high appreciation and sincere approbation of the course
of Senator Revels, and their unqualified endorsement of the
views expressed by him in the speech above alluded to.
Which was read.
Mr. Scott, of Duval,'moved to lay on the tabl ;
Which was not agreed to.
Pending the resolution, on motion of Mr. Scott, the Assenm-
bly took n recess until 4 o'clock. r. M.

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Butler, Bogue, Cheshire, Cox, DeLany,
Erwin, Fortune, Graham, Green of Manatee, Harris, Hodges,
Keene, Lee, McMillin, Mills, Moore of Hillsborough, Oliver,
Pons, Raney, Robinson, Rodgers, Scott, Simpson, Stewart,
Thompson, Urquhart, Walker, and Wells-29.
A quorum present.
The following message was received from the Senate:

SENATE CHAMBER,
TALLArIASSEE, Fla., June 4, 1870.
Hon. M. L. STAENws, Speaker of the Assembly :
Sin: I am directed by the Senate to inform the Assembly
that the Senate has passed Senate Bill, No. 16, An Act to In-
corporate the Escambia Banking, Building, and Land Associa-
tion. Very respectfidly,
CIIAS. MUINDIEE,
Secretary of the Senate.

Was read, and the bill placed among the orders of the day.
The Assembly resumed the consideration of Mr. Butler's res-
olution, complimenting IT. S. Senator Revels, of Mississippi, on
his speech delivered on the 31st of May, in behalf of the people
of the South.
The resolution was adopted by the following vote:
Yeas-Mr. Speaker, Messrs. Butler, Bogue, Cheshire, Cox,
Cruce, Fortune, Green of Manatee, Harris, Hodges, Keene, Lee,
McKinnon, McMillin, Mills, Moore of Columbia, Moore of Hills-
borough, Oliver, Osgood, Pons, Rancy, Robinson, Rodgers,
Stewart, Thompson, Urquhart, Walker, and Wells-27.
Nays-Messrs. DeLany, Erwin, Graham, Scott, and Simpson
-5.
Committee on Enrolled Bills made lhe following report :

Hon. M. L. STEARNs, Speaker of the Assembly :
Sm: The Committee on Enrolled Bills beg leave to report as
correctly enrolled the following bill and resolutions:
A bill to be entitled An Act to Alter and Amend An Act,
approved by the Governor January 28, 1870, entitled An Act
to Alter and Amend An Act to Perfect the Public Works of the
State, approved June 24, 1869;
Joint Resolution Relative to Establishing a Custom House
and making a Port of Entry and Delivery at Charlotte Harbor;

90

Joint Resolution relative to Establishing a Mail Route :
Joint Resolution relative to Adjournment sine die.
S. T. Poss,
J. W. KEENE,
G. W. Boo;I:.

Which was read, and the bill and resolutions were signed
by the Speaker and Chief Clerk of Assembly.
Their being no objections, Mr. Walker, of Leon, introduced
the following bill:
A bill to be entitled An Act to make an appropriation for Print-
ing, Lithographing, or Engraving the Coupon Bonds authorized
in An Act passed at the present Session entitled An Act rela-
ting to the Finances of the State;
"Which was read first time.
The rule being unanimously waived the bill was read the sec-
ond and third times, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bogue, Cheshire, Cox, Cruce, DeLany,
Erwin, Fortune, Graham,Green of Manatee, Harmon, Harris, Hill,
Hodges, Keene, Lee, McKinnon, McMillin, Mills, Moore of
Columbia, Moore of IHillsborough, Oliver, Pons, Raney, Robin-
son, Rodgers, Scott, Simpson, Stewart, Thompson, Urquhart,
Walker, and Wells--3.
Nays-None.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
Senate Bill No. 15 :
To be entitled An Act in relation to the Disqualification of
Justices, Judges, and Jurors,
Was read first time.
Under a suspension of the rule, read the second and third
times, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bogue, Cheshire, Cox, Cruce, DcLany,
Erwin, Fortune, Graham, Green of Manatee, Harmon, Harris,
Hill, Hodges, Keene, Lee, McMillin, Moore of Hillsborough,
Osgood, Raney, Robinson, Rodgers, Simpson, Stewart, Urqu-
hart, and Walker-26.
Nays-Messrs. Mills, Oliver, Scott, Thompson, and Wells-5.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
Senate Bill No. 13 :
To be entitled An Act to encourage Immigration and im-
prove the Financial condition of the State,
Was read first time, and, on motion, indefinitely postponed.
The following message was received from the Senate:

SENATE CHAMBER,
TALLAHASSEE, Fla., June 4, 1870. )
I [on. M. L. STEARNS, Speaker of the Assembly:
SIn: I am directed by the Senate to inform the Assembly
that the Senate has adopted the accompanying memorial rela-
tive to a mail route in Gadsden County;
Also :
That the Senate has indefinitely postponed Assembly Bill No.
(6, An Act in relation to the Collectors and Receivers of Taxes
of the State of Florida. Very respectfully,
CIIHARLES M1UNJEE,
Secretary of the Senate.
Was read.
The memorial placed among the orders of the day.
Senate Bill No. 16 :
An Act to incorporate the Escambia BI:niii.-. Building, and
Land Association,
Was read first time.
The rule was unanimously waived, the bill read the second
and third times, and put upon its passage.
The vote was :
Yeas-lMessrs. Butler, Bogne, Cox, DeLany, Fortune, Gra-
ham, Green of Manatee, Harmon, Hill, Hodges, McMillin, Mills,
Moore of Hillsborough, Oliver, Pons, Raney, Robinson, Rodgers,
Scott, Simpson, Stewart, Thompson, and Wells-23.
Nays-Messrs. Cheshire, Cruce, Harris, Lee, and Walker-5.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
Mr. IIarmon moved to reconsider the vote by which Senate
Bill No. 13, An Act to Encourage Immigration and Improve the
Financial Condition of the State, was indefinitely postponed;
Upon which the yeas and nays were called for, and were :
Yeas-Messrs. Butler, Bogue, Black, Cox, DeLany, Graham,
Iarmon, Harris, Hill, Mills, Osgood, Robinson, Rodgers, Scott,
Simpson, Thompson, and Wells-17.
Nays--Messrs. Cheshire, Fortune, Hodges, McKinnon, McMil-
lin, Moore of Columbia, Moore of Hillsborough, Oliver, Pons,
Runey, Stewart, and Urquhart.-12.
The vote was reconsidered.
And, on motion, the bill was referred to Committee on Pub-
lic Lands.
Under a suspension of the rule, Mr. McKinnon, of Walton, in-
troduced the following:
A bill to be entitled An Act prescribing the mode of audit-
ing accounts against the counties ;
Which was read first time.
Under a suspension of the rule, read the second and third
times, and put upon its passage.

The vote was :
Yeas-Messrs. Butler, Bogue, Black, Cheshire, Cox, Cruce,
DeLany, Fortune, Graham, Hill, Hodges, McKinnon, McMil-
lin, Mills, Moore of Columbia, Oliver, Raney, Rodgers, Scott,
Simpson, Stewart, Thomson, Urquhart, Walker, and Wells-24.
Nays-Messrs. Harris, Pearce, and Robinson-- .
The bill passed, title as stated.
Under a suspension of the rule, ir. Ranev introduced the fol-
lowing:
An Act relating to the Publication of the Laws;
Which was read first time.
Under a suspension of the rule, read the second and third
times, and put upon its passage.
The vote was :
Yeas-Messrs. Butler, Bogue, Black, Cheshire, Cox, DeLany,
Fortune, Graham, Green of INanatee, Hill, Hodges, Lee, McKin-
non, M:cMillin, Mills, Moore of Columbia, Oliver, Osgood, Rancy,
Robinson, Scott, Simpson, Stewart, Urquhart, Walker, and Wells
-27.
Navs-None.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
The rule being waived, Mr. Walker introduced the following:
An Act to Amend Section 3, of An Act entitled An Act for
the Assessment and Collection of Revenue, approved June 24,
1869;
Which was read the first time.
Under a suspension of the rule, read tlhe second and third
times, and put upon its passage.
The vote was:
Yeas-Messrs. Butler, lBogue, Black, Cox, DeLany, Erwin,
Fortune, Graham, Green of Manatee, Hill, Hodges, McKinnon,
MeMillin, Mills, Moore of Columbia, l dodgers, Scott, Simpson,
Thompson, Walker, and Wells--21.
Nays-Messrs. Cheshire, Moore of Hillsborough, Oliver, Os-
good, Pons, Rancy, Robinson, Stewart, and Urquhart-0.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
Senate Joint Resolution in relation to State Warrants.
Was read, and unanimously adopted.
Senate Memorial in relation to Mail Route in Gadsden Colulty,
Was read, and unanimously adopted.
Senate Bill No. 11 :
To be entitled An Act to Enforce the Collections of Penalties
for Violation of Quarantine Laws,
Was read first time.
Under a suspension of the rule. read the second and third
times, and put upon its passage.

The vote was:
Yeas--Mr. Speaker, Messrs. Bogue, Black, Cox, DeLany, Er-
win, Fortune, Graham, Green of Manatee, Harmon, Hill, Hodges,
McKinnon, Melvin, Mills, Pons, Raney, Rodgers, Scott, Simpson,
Thompson, Walker, and Wells-23.
Nays-Messrs. Harris, Moore of Hillsborough, Osgood, :nd
Stewart-4.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
On motion, the Assembly took :t recess until 8 o'clock, i. M.

EIGHT O'CLOCK, P. NI.

The Assembly resumed its session.
A quorum present.
The Committee on Enrolled Bills made the following report :

COMMITTEr E Roo,
TALLAIIASSEE, Fla., June 4, 1870.
The Committee of the Assembly on Enrolled Bills beg leave
to report the following bills as correctly enrolled:
An Act Relating to the Finances of this State;
An Act to Decrease the Expenditures of the State and Regu-
late the Fees of Officers.
Respectfully submitted.
WILLIAM W ATrr MOORE, of Columbia,
Chairman.

Which was read, and the Acts signed by the Hon. Speaker
and Chief Clerk of Assembly.
Under a suspension of the rule, Mr. Walker, of Leon, intro-
duced the following bill:
A bill to be entitled An Act for the Relief Mr. William Lee
Apthorp;
Which was read first time.
Under a suspension of the rule, the bill was read the second
and third times, and put upon its passage.
The vote was:
Yeas--Mr. Speaker, Messrs. Butler, Black, Cheshire, Cox,
Erwin, Graham, IIarmon, Harris, Hill, Hodges, Lee, Moore of
Columbia, Osgood, Pons, Robinson, Rodgers, Simpson, Thomp-
son, and Walker-20.
Nays-Messrs. Bogue, Fortune, McKinnon, McMillin, Oliver,
Rancy, and Stewart-7.
The bill passed, title as stated.

Ordered that the same be certified to the Senate.
The following message was received from the Senate:

S.X.nTE ClIH.MlEi,
'TALLAu1 .SSin, Fla., June 4, 1870. \
Hon. M. L. STEAIuNs, Speaker of the Assembly :
Smi: I am directed by the Senate to inform the Assembly that
the Senate has passed Assembly Bill No. 4, relative to An Act
to Make an Appropriation for Printing, Lithogralphing, or Engra-
ving the Coupon Bonds authorized in An Act Passed at the
Present Session of the Legislature, entitled An Act relating to
the Finances of the State.
Very respectfully,
ChiAs. Mu1n.':E,
Secretary of the Senate.

Also, the following:

SIATEI CIIAMIIlu, )
TALLAIIASSEE, Fla., June 4, 1870. 1
Hox. M. L. STSAn Xs, Speaker of the Assembly :
SmI: I am directed by the Senate to inform the Assembly that
the President and Secretary of the Senae S havel this day signed
the following :
An Act to Incorporate the Escambia Ianking, Building, and
Land Association;
An Act making Appropriations for the Payment of the Ex-
penses of the Legislature of Florida, Convened in Extraordinary
Session May 23, 1870 ;
An Act to Allow William A. Graham (a minor) to Practice
Law in the Courts of this State;
Also:
An Act to Enforce the Collection of Penalties for the Viola-
tion of Quarantine Laws;
Also:
Resolution in Relation to State Warrants.
Very respectfully,
CIrIs. MUNDIEI,
Secretary of the Senate.

Which were read.
The bills and resolution signed by the lion. Speaker and
Chief Clerk of Assembly.
Mr. Wells, of Leon, offered the following resolution :

Resolved, That the thanks of this Assembly be, and are here-
by, presented to the Honorable M. L. Stearns for the able, dig-

unified, and impartial manner in which he discharged his duties
as Speaker of this Assembly for the three sessions he has presi-
ded; and to whatever public duty he may be called in future, he
has the best wishes of this Assembly.
R. H. WELLS.

Which was read, and unanimously adopted.
The following message was received from the Senate:

SENATE CHAMIBEIR,
TALLAIASSEE, Fla., June 4, 1870.
HoN. M. L. STEARNS, Speaker of the Assembly :
SIn: I am directed by the Snacte to inform the Assembly
that the Senate has passed Assembly Bill No. 13:
A bill Prescribing the Mode of Auditing Accounts Against
the Counties;
Also:
Assembly Bill No. -
A bill to be entitled An Act for the Relief of William Lee
Apthorp;
Also:
Assembly Bill No. -
A bill to be entitled An Act in Relation to the Publication
of the Laws.
Very respectfully,
CIlA. MUNDEE,
Secretary of the Senate.

Which was read, and the bills ordered enrolled.
Mr. Fortune offered the following resolution:

Resolved, That the thanks of the Assembly are due to Dr.
William Forsyth Bynum, for his able performance of the duties
of Chief Clerk of Assembly, and are hereby tendered him.

Which was read, and unanimously adopted.
Committee on Enrolled Bills report:

Hon. M. L. STEARNS, Speaker of the Assembly :
Sin: The Committee on Enrolled Bills beg leave to report as
correctly enrolled the following bill:
Assembly Bill No. 4 :
Entitled An Act to make an Appropriation for Printing,
Lithographing, or Engraving the Coupon Bonds Authorized in
An Act Passed at the Present Session, entitled An Act Relating
to the Finances of this State.
Respectfully yours, S. T. PoNs.

Was read, and the bill signed by the Hlon. Speaker and Chief
Clerk.
Committee on Public Lands report:

AssEMnLY IhALL, June 4, 1870.
HIoy. M. L. STn:.ANS, Speaker of the Assembly:
SIn: Your Committee on Public Lands, to whom was referred
Senate Bill No. 13, beg leave to report that they have had the
same under consideration, and respectfully recommend its pas-
sage, they being satisfied that it proposes to give homes to all
alike. Very respectfully,
"J.. A. LEe, Chairman.
Which was read.
The bill taken up.
The rule being unanimously waived, the bill was read the sec-
ond and third times, and put upon its passage.
The vote was:
Yeas--Mr. Speaker, Black, Cox, Erwin, Harmon, Harris, Rob-
inson, Rodgers, Simpson, and Thompson-10.
Nays-Messrs. Butler, Bogue, Cheshire, Fortune, Graham,
Hill, Hodges, McKinnon, McMillin, Mills, Moore of Columbia,
Oliver, Osgood, Raney, Stewart, Walker, and Wells-17.
The bill did not pass.
Committee on Enrolled Bills report:
iron. M. SLT.ANs, Speaker of the Assembly :
Your Committee on Enrolled Bills beg leave to report as cor-
rectly enrolled the following Assembly Bills:
An Act for the Relief of Wm. Lee Apthorp;
An Act Prescribing the Mode of Auditing Accounts against.
the Counties;
An Act relating to the Publication of the Laws.
Very respectfully,
W. W. MoOiE, Chairman.
Was read, and the Acts signed by the lion. Speaker and Chief
Clerk of Assembly.
The following message was received from the Senate:
SENATE: ClIAMI:ER, .
TALL.AIIssT:, Fla., June 4, 1870.
Ilox. -3. L. STEANU, Speaker of the Assembly :
SIn: I am directed by the Senate to inform the Assembly that
the :S .ri. has passed Senate Bill No. 17, An Act to provide
for an Election to -fill the Vacancy in the Office of Lieutenant-
Governor. Very respectfully,
CuIIA. MUNDEE,
Secretary of the Senate.

97

Which was read.
The bill read the first time.
The rule being unanimously waived, the bill was read the sec-
ond and third times, and put upon its passage.
The vote was :
Y,.Ii--M.--. Butler, Bogue, Black, Cheshire, Cox, Erwin,
Fortune, Graham, Green of Manatee, Harmon, Harris, Hill,
Hodges, Lee, McKinnon, McMillin, Moore of Columbia, Moore of
Hillsborough, Oliver, Osgood, Raney, Robinson, Rodgers, Simp-
son, Stewart, Thompson, Walker, and Wells-28.
Nays-None.
The bill passed, title as stated.
Ordered that the same be certified to the Senate.
The following message was received from the Senate:

SENATE CHAMBER,
TALLAHASSEE, Fla.,----, 1870.
Hoi. M. L. STEARNS, Speaker of the Asembly:
SIR: I am directed by the Senate to inform the Assembly that
the President and Secretary of the Senate have signed the follow-
ing bills:
Making Appropriation for Printing, Lithographing, or En-
graving the Coupon Bonds Authorized in An Act passed this
Session of the Legislature, entitled An Act relating to the Fi-
nances of this State;
An Act ini relation to the Publication of the Laws;
An Act Prescribing the Mode of Auditing Accounts against
the Counties;
An Act for the relief of Wm. Lee Apthorp.
Very respectfully,
CIHAS. MIUXDEE,
Secretary of the Senate.

Was read, and the Acts signed by the Hon. Speaker and Chief
Clerk of Assembly.
The Senate informed the Assembly that a committee of two
were appointed, on the part of the Senate, to act with a commit-
mittee from the Assembly to inform his Excellency that the Leg-
islature was about to adjourn sine die, and to ascertain if he had
any further communication to make to either House.
On motion, a committee consisting of Messrs. Osgood, Oliver,
and Walker were appointed on part of the Assembly to act with
Senate committee.
After a brief absence, the committee reported that his Excel-
lency had no further communication to make.
The following message was received from the Senate:
7

98

SENATE ClHAMlnT ,
TALLAHASSEE, Fla., June 4, 1870.
Hon. M. L. STEARNS. Speaker of the Assembly:
Siu: I am directed by the Senate to inform the Assemblythat
the President and Secretary of the Senate have signed the follow-
ing enrolled bills:
An Act to Provide for an Election to fill the Vacancy of
Lieutenant-Governor;
An Act relating to the Disqualification of Justices, Judges,
and Jurors. Very respectfully,
CHAS. iMUNDEE,
Secretary of the Senate.

Was read, and the Acts signed by the IIon. Speaker and Chief
Clerk of Assembly.
The Assembly was informed by the Secretary of the Senate
that the Senate had passed a resolution to adjourn sine die 15
minutes after 11 o'clock, and that the Senate would repair to the
Assembly Hall immediately, for the purpose of going into a joint
session.
The following resolution was adopted:
Resolved, That a vote of thanks be tendered to George Henry
Cox and Philip DeCoursey by the Assembly, for the prompt and
efficient discharge of their duties as pages, and respectfully rec-
ommend them for the same, or higher positions, to our succes-
sors, and that a certified copy of this resolution be furnished
them by the Chief Clerk.
Also:
Resolved, That the thanks of the Assembly are due and ten-
dered to the Rev. Mr. Stewart for the becoming manner in which
he has performed the duties of Chaplain.
Also:
Resolved, That the thanks of this Assembly be, and is hereby,
tendered to John Wyatt, Door-Keeper, and the Sergeant-at-
Arms, and his Assistant, for the gentlemanly and prompt manner
in which they have discharged their duties.
Fifteen minutes after 11 o'clock the Senate entered the Assem-
bly Hall.
The lion. George E. Wentworth, President pro tern. of the
Senate, in the chair, who made the following announcement:
"The hour having arrived agreed upon for adjourning, I de-
clare the Legislature adjourned sine die."

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